DHURKHELI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 307 I.P.C. and sentenced to R.I. for four years by the Adhoc Sessions Judge, Additional Court No.2, Patna in Sessions Trial No.383 of 1994/230 of 2001 by a judgment dated 10.10.2001.

(2.) The case of the Informant Md. Jabarrudin is that on 23.9.1993 when he protested against the act of the accused persons in building a latrine on his parti land, the accused persons got enraged. The appellant is said to have given a garasa blow on his neck and when he fell down he gave another blow on his head, on account of which his head was fractured. The rest of the two persons assaulted Md. Eltaf, but they stand acquitted.

(3.) During trial the prosecution examined six witnesses, out of whom P.W.1 Md. Eltaf is one of the injured and brother of the informant, whereas P.W.2 Zarina Khatoon is an eye witness and P.W.3 Md. Jabbar is the Informant. P.W.4 Jai Narayan Prasad is the Investigating Officer, whereas P.W.5 Md. Rashid has been declared hostile. P.W.6 is Dr. Nawal Kishore Singh, who examined the two injured.