BASULDEO DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Addl. Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction dated 15.5.2001 and sentence order dated 17.5.2001 passed learned Addl. Sessions Judge IV, Begusarai in Sessions Case no. 121/1991 by which and whereunder he convicted the appellant for the offence punishable under section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years for the aforesaid offence whereas coaccused Narain Das, Shankar Das and Bishundeo Das were acquitted of the charges framed against them.

(3.) The fact giving rise to file this criminal appeal, is that P.W. 5, Amar Nath Kumar gave written report to the officer in-charge of Begusarai police station on 17.10.1990 to this effect that on the same day at about 1 p.m. the appellant and other accused namely, Narain Das, Shankar Das and Bishundeo Das, were cutting soil from his Bari upon which he forbade them to do so but accused Bisundeo Das gave one lathi blow on his head and accused Shankar Das gave lathi blow on his neck and when his father, namely, Bishwanath Das, advocate came to his rescue, accused Narain Das ordered others to assault him and after that he himself assaulted his father with lathi on several parts of his body as a result of which he fell down on earth and the appellant Basuldeo Das, with an intent to kill him, gave spade blow which hit on the nose of his father. On alarm raised by him and his father, witnesses came there and saved them. Injured was taken to police station where P.W.5 gave written report which is exhibit 5.