CHAMARU MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 326 I.P.C. and sentenced to R.I. for seven years by a judgment dated 22.2.2002 and 26.2.2002 passed by the Additional Sessions Judge IX, Munger in Sessions Case No.494 of 2000.

(2.) The case of the Informant Shankar Gupta is that on 2.4.2000 at 8 A.M. while he and his father Jagdish Gupta were ready to go to the house of Dharo Babu on account of his death and had reached their door, the Appellant came to his door, who asked his mother for change of Rs.100/- since he had to be paid a sum of Rs.7/- by the Informant. She stated that she did not have any change. The Informant then told the Accused that he should go to the market for change. On hearing this, the Appellant became enraged and took out a dagger from his waist and inflicted it upon him causing serious injuries. His parents caught hold of the Informant but he fled away. He was then taken to the local Hospital, where looking into his critical condition he was referred to Mokama. It was then that his statement was recorded on 6.4.2000 i.e. four days later.

(3.) During trial the prosecution examined six witnesses in all. Out of whom, P.W.4 Joseph Rajendra is a formal witness, who proved the injury report of the Informant dated 1.5.2000.