PARMA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 29 -09 -2001 passed by learned Additional Session Judge (Fast Track Court No. -I), Gopalganj in Sessions Trial No. 45 of 1989/78 of 2001 by which and whereunder, he convicted the appellant for the offence punishable u/S 326 of the Indian Penal Code and, accordingly, sentenced him to undergo rigorous imprisonment for a period of four years under the aforesaid Section.

(3.) THE prosecution case, in brief, is that P.W. 2 Ramdhari Choudhary gave his statement to Officer -in -charge, Mirganj Police Station on 27 -05 -1987 at about 7.55 a.m. to this effect that on the same day at about 6.00 a.m., she goat of appellant was grazing Latti in the filed of Dharmdeo Choudhary, upon which he asked the appellant as to why he had left his she goat which was grazing the latti of the land of Dharmdeo Choudhary but appellant became furious and started abusing him. In the meantime, Amar Choudhary also came there and forbade the appellant to abuse but the appellant went running to his home and hurled one brick which hit on his head and blood started oozing out from his head and thereafter appellant brought acid from his house and sprinkled acid on his body causing injuries on his head, ear, cheek, chest, arms, abdomen and back. The aforesaid incident was witnessed by son of Dharmdeo Choudhary and others.