RAM SWAROOP SAHNI @ BABAJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 307, 324 and 447 IPC and sentenced to RI for ten years, three years and three months respectively by the 2nd Additional Sessions Judge, Vaishali at Hajipur in S.Tr. No. 129 of 1992 by judgment and order dated 20.09.2001.

(2.) The case of the prosecution according to the Informant, Guru Prasad Das is that he had renounced the world since a long time and was traveling to various Maths spending time there. On 03.06.1990 when he was at Nirpur Math at 5 P.M. suddenly the Appellant assaulted him with a fasuli on account of which he sustained various injuries. The Appellant was also threatening him of causing his murder with fire-arm and he was carrying a bomb and pistol also. The reason for the occurrence is that some boys were plucking mangoes from the orchard of the Math on the same day which was objected to by the Mahanth which had enraged Swaroop Sahani, Appellant and he had threatened him of dire consequences.

(3.) During trial the prosecution examined seven witnesses out of whom P.W. 3, the injured Informant was examined in support of the prosecution case as an eye-witness. He stated that at about 1.30 P.M. when some boys were plucking mangoes from the orchard Mahanth, Guru Prasad Das had rebuked them which had infuriated the Appellant on account of which he had threatened him of dire consequences if in future a protest was made on plucking of mangoes. Later in the day he assaulted the informant with a fasuli causing numerous injuries. Doctor, P.W.6 found as many as seven injuries on the abdomen, forearm and shoulder joint but all of them were simple in nature. P.W. 1, Sheo Shankar Das and P.W. 2, Devendra Das reached place of occurrence and partly saw the occurrence. They supported the fact that the Appellant had seen assaulting the Informant. P.W. 5 is the Investigating Officer whereas P.W. 4 and P.W. 7 are formal in nature.