TILAK DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 307 and 323 I.P.C. and sentenced to R.I. for seven years and six months respectively by the 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 133 of 1993/13 of 2000 by a judgment dated 5.2.2001.

(2.) The case of the Informant Shiv Paswan is that about four days ago, the Appellant Tilak Das had purchased a he-goat from the Informant for a consideration amount of Rs.50/-. When the Informant asked him for payment, he deferred the matter. When he once again demanded, the co-accused caught hold of the Informant on the order of the Appellant and he himself gave him a lathi blow on his head causing lacerated and bleeding injury. The Appellant also inflicted a dagger blow on the right side of stomach of Rajeshwar Sah. A number of persons gathered there upon alarm and took the Informant and Injured Rajeshwar Sah to the Hospital.

(3.) During Trial, the prosecution examined six witnesses. Out of whom, PW.5 Shiv Paswan is the Informant. He supported the entire story of purchase of he-goat by the Appellant and on his refusal to pay money for the same, an altercation took place and then the Appellant assaulted him with lathi. When Rajeshwar Sah intervened and snatched the lalthi of the Appellant, the Appellant took out a dagger from his pocket and inflicted a dagger blow on his stomach.