SATRUGHAN SINGH @ SATROHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 19.5.1992, passed by the Additional Sessions Judge, II, Siwan, in Sessions Trial No. 100 of 1980. The sole appellant had been convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years.

(2.) Prosecution case originated on the fardbeyan of Ramdeo Mali, recorded on 1.3.1979 by the Assistant Sub-Inspector of Police, Alsi Mahto, in the State Dispensary, Daraunda, wherein it had been alleged that on last Tuesday at 4.00 p.m. his sister had gone to scrape grass in the fields where one Munna Gosai (who has been acquitted by the Trial Court) teased her. She came back home crying and narrated the occurrence to her family members. Subsequently, the informant went to the house of Munna to complain against his act of teasing his sister. Munna became inflamed and threatened to teach a lesson to the informant, whereupon the informant returned home. At 3.00 p.m., appellant Satrughan Singh, Munna Gosai, both armed with bhala and Naresh Singh armed with lathi came to his house and the appellant Shatrughan Singh thrust a bhala blow into the bowel of his father, Laxmi Mali. Munna and Naresh also assaulted Laxmi Mali with lathi. When the informant raised alarm, the assailants fled away. The occurrence was witnessed by the informant's neighbours including Shaligram. The intestines of the injured were.out from his bowel. The injured was carried to the hospital by Shaligram,, Ramcharitra Bhagat, Tuntun Pandit and Ghosh Pandit where he was treated. The accused appellant took up the defence of false implication and it was his case-that the informant's father sustained injuries after falling from Khajoor (palm) tree.

(3.) The appellant was charged under Section 307/34 of the Indian Penal Code as also under Section 307 simpliciter.