VINOD RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17th December, 1999 passed in Sessions Trial No. 197 of 1995 (arising out of Bettiah Town Police Station Case No. 227 of 1994) by the 3rd. Additional Sessions Judge, Bettiah. Initially, two persons were put on trial, but in course of trial, one of the accused, namely, Baidyanath Ram was acquitted by the Trial Court, whereas the appellant has been found and held guilty for the offences under Sections 323 and 307 of the Indian Penal Code and convicted him to undergo simple imprisonment for six months under Section 323 of the Indian Penal Code and also to undergo rigorous imprisonment for five years under Section 307 of the Indian Penal Code. Both the sentences are to run concurrently. The appellant was also directed to pay compensation of Rs. 5,000/- to the injured Ram Nath Ram and Rs. 1,000/- to the injured Budhu Ram.

(2.) The prosecution case, as per the First Information Report instituted by Ram Nath Ram (PW 3) on 28th July, 1994 at 01:45 PM indicates that the occurrence took place in two parts. It is stated that Ram Nath Ram was getting his wall constructed, Baidyanath Ram and the appellant intervened and it is alleged that the appellant assaulted Budhu Ram, one of the labourers by means of a FARSA. The informant (PW 3) took Budhu Ram to the hospital for treatment and while he was returning, it is alleged that Vinod Ram by means of a DABIA assaulted him on his head as well as on different parts of his body, which was witnesses by PWs 5 and 6, who were the shopkeepers of the vicinity. The reason for the alleged occurrence is land dispute and criminal cases between the parties.

(3.) Altogether nine witnesses have been examined on behalf of the prosecution. PWs 1 and 3 are the injured, PWs 5 and 6 are the eye-witnesses to the occurrence, PW 4 is the doctor who has examined the injured PW 3(informant) and PW 8 is the doctor who has examined the injured PW 1. PW 9 is the doctor who has conducted the X-ray of the skull of PW 3. The X-ray report is Exhibit-7.