NARSINGH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Sections 307 and 148 IPC and sentenced to RI for five years and three years respectively by the 6th Additional Sessions Judge, Aurangabad in S.Tr. No. 289/99 by judgment and order dated 07/08.06.2000.

(2.) THE case of the Informant is that at about 14.03.1993 at about 1 P.M. when she was going to work she saw the accused uprooting the standing gram crops. When she protested at this action he started abusing her and ran towards her with a lathi with an intent to assault her. In the meanwhile, the remaining accused persons also reached there variously armed whereafter the Appellant gave a farsa blow on the head of the informant with intention to kill her causing injury on her head while the other co -accused persons assaulted her with lathi. She was then removed to the Hospital where she instituted present First Information Report.

(3.) DURING the course of trial the prosecution examined eight witnesses out of whom P.W. 1, Rameshwar Ram who is injured as well as son of the informant stated that the occurrence has taken place four years ago. On the date of occurrence when his mother protested at the act accused Khaderan Paswan of uprooting the standing gram crops and she raised alarm the accused rushed towards the fields and Appellant gave a farsa blow on the head of his mother whereas the rest assaulted with a danda. He was assaulted in this transaction.