LAWS(PAT)-2002-3-43

RAM BABU SINGH Vs. STATE OF BIHAR

Decided On March 07, 2002
RAM BABU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) BOTH the appellants have been convicted under section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each.

(2.) THE prosecution case, in short, is that on 24.12.74 at 10 A.M. the informant came to know that one co -accused Gorakh Singh (since dead) and the appellants were cutting twig from his mango tree. He went there and told them why they were cutting twig of the mango tree. Thereafter there was hot exchange of words between them. It has been stated that Gorakh Singh instigated and appellant Ram Babu Singh began to assault him with axe as a result of which the informant sustained injuries on two places on the back of his body. Thereafter Gorakh Singh passed on a dagger to appellant Chandra Mohan and he inflicted dagger blow on his back, thigh and fore -arm. He raised alarm and villagers came there to rescue him. Having seen them the appellants fled away. The injured was taken to Manjhi Hospital from where he was referred to Chapra Sadar Hospital where the Fardbeyan of the informant was recorded. On the basis of the Fardbeyan first information report was registered. The police started investigation and after completion of the same submitted charge sheet against the accused person. Accordingly cognizance was taken and trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) THE court has examined C.W.I, Dr. Sidheshwari Prasad who had examined the injured. The I.O. of this case has not been examined. The defence has also examined D.W. 1, the appellant, Ram Babu Singh.