STATE OF BIHAR Vs. AJAY KUMAR PANDEY

JUDGEMENT

(1.) Prosecution case, in brief, is that on the day of occurrence i.e. on 12.3.1990 at about 7.00 p.m., informant was sitting in his room (Kothri). His nephew came and told that accused persons were beating him. Accused persons came at the door, informant's father enquired them as why they were beating informant's nephew. He was assaulted by a piece of brick. His head broken, informant came out from his room. He was stabbed by accused Ajay Kumar Pandey causing injuries to him. Witnesses came and saved him. After concluding the trial accused persons have been acquitted of their respective charge.

(2.) In all, six witnesses are examined in the case, they are PW-1 Bhagwan Das, PW-2 Kesho Thathera, PW-3 Surya Kumar Singh, PW-4 Anil Kumar Singh, PW-5 Madan Mohan Singh, informant of the case and PW-6 Dr. Chunni Lal Prasad. The witnesses except PW-6 are stating about taking place of the incident, PW-2 to PW-5 more elaborately, but PW-1, PW-2 and PW-3 are declared hostile by the prosecution as they are stating about taking place of no occurrence in their presence in cross-examination. Of them, PW-2 is injured witness also and in cross-examination, he is stating about receiving of the injury due to his fall. PW-4 and PW-5 more categorically and elaborately are stating about receiving of injury to Anil Kumar Singh from Ajay Kumar Pandey and two others. Ajay Kumar Pandey is said assailant of PW-5 and his father also. More specifically, it is said that grand father of PW-4 was assaulted by him by means of a piece of brick on his head and his uncle was assaulted by knife thrice below and above knee and at Panjra (a part of body). Bhagwat Singh grand father is said dead.

(3.) PW-5 is another injured, informant of the case. He also repeats the incident in same manner about causing injuries by Ajay Kumar Pandey. Further, they (PWs-4 and 5) state about causing of assault by Triloki Tiwari to Kesho Thathera, but Kesho Thathera himself in Paragraph-7 states that he received injury on fall. So, assault by this accused along with involvement of Anjan Tiwari and Hari Shankar Mishra to whom none is naming, has rightly been doubted or disbelieved.