RAMESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE there was deposit of mud in front of house of Brahmadeo Mahto P.W. 9 due to rain, and while he was removing mud from the lane and pasting it on the wall, it was alleged that the appellant along with Jagdish Mahto, Bhola Mahto and Jageshwar Mahto came and protested pasting of mud on the wall, pursuant to which, on exhortation made by Rameshwar Mahto, Brahmadeo Mahto on having trespassed in his house, dealt blow by grasa though aim was lost. It was alleged that when second blow was given, Brahmadeo Mahto suffered injury on his left leg and dropped on the ground. The witnesses who flocked to the place of occurrence were suggested to be the ocular witnesses of the incident, and with these accusations the prosecution was launched against the appellant and three others on behest of Brahmadeo Mahto. After the police was set in motion, investigation commenced in course of which the police Officer recorded statement of witnesses Under Section 161 Of The Code Of Criminal Procedure, visited place of occurrence, got the injured clinically examined by the doctor and on conclusion of investigation laid charge-sheet before the Court. In the eventual trial that commenced, the prosecution examined altogether nine witnesses and those examined by the prosecution include injured, his family members, other host of witnesses and also the doctor who examined injury on the person of Brahmadeo Mahto.

(2.) THE defence of the appellant before the trial Court and also this Court had been denial of entire allegations and ascribed false implication. THE defence of the appellant was that Brahmadeo Mahto suffered injury in his left leg from the spade and due to negligence of the doctor attending him, his leg was amputated and in no way the appellant was answerable for amputation of leg.