LAWS(PAT)-2013-5-34

YOGENDRA THAKUR Vs. STATE OF BIHAR

Decided On May 14, 2013
YOGENDRA THAKUR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned Addl. Public Prosecutor for the State.

(2.) THIS criminal appeal has been filed by above mentioned three appellants against the judgment of conviction and order of sentence dated 20.6.2001 passed by learned Addl. Sessions Judge I, Sitamarhi in Sessions trial no. 182 of 1990/149 of 1996 by which and whereunder he convicted the appellants for the offences punishable under section 326 read with section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for five years with a fine of Rs 2,000/- each and in default of payment of fine, appellants were directed to undergo rigorous imprisonment for a further period of six months each.

(3.) P .W. 5, namely, Mahendra Sah, gave his fardbeyan to the officer-in-charge of Parihar police station on 15.1.1990 at about 9 a.m. to this effect that on preceding Saturday at about 9 to 10 a.m. while he was sitting at his door, appellants started abusing him and also damaged his windows door and in that course, appellant Rajendra Thakur hurled one saving razor blow on his neck but he warded off the aforesaid blow by his left hand as a result of which little finger of his left hand was chopped off. He further stated that his brother Nawal Kishore Sah snatched the said saving razor from the hand of appellant Rajendra Thakur and in the meantime, villagers came there. After the aforesaid occurrence, villagers assured him to convey a panchyati and one Mahant Sah of his village gave treatment to him. He further stated that when no panchyati was conveyed, he along with his brother came to police station and handed over the above stated saving razor as well as his separated little finger to police.