RAM PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 07th March, 2000 and the order of sentence dated 08th March, 2000 passed by the Additional Sessions Judge VI, Aurangabad in Sessions Trial No. 116 of 1999/135 of 1999. By the impugned judgment, the appellant has been convicted to undergo rigorous imprisonment for four years under Section 307 of the Indian Penal Code. The appellant has been further sentenced to undergo rigorous imprisonment for one year under Section 353 of the Indian Penal Code.

(2.) THE prosecution case is based on the statement of the informant Ganga Sagar Singh, who was the Guard in the Railways. It has been stated by him that he was taking a train from Mughalsarai to Garhwa. The train which the informant was taking stopped at Sone Nagar Railway Station. He along with his colleague Sagir Alam went to meet the Station Master of Sone Nagar Railway Station to enquire as to when their trains would be able to depart from Sone Nagar Railway Station. They were informed that the trains would not be in a position to go further as there was a blockage in the Railway Crossing and until that was cleared, the further movement of the trains had been stopped. It is said that the informant along with Sagir Alam then went to the canteen for a cup of tea. While, at the canteen, the owner of the canteen, who is the appellant before this Court, gave a lathi blow on the head of the informant. He was taken for treatment to the Railway Hospital which is just adjacent to the Railway Station, from where, he was referred to Mughalsarai Railway Hospital. Sagir Alam is the witness to the occurrence.

(3.) THERE is nothing in the evidence of all the three witnesses i.e. PWs 1, 2 and 6 which would in any way undermine the case as made out in the First Information Report.