RAM SARIKHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the Appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 21-12-2000, passed by IXth Additional Sessions Judge, Chapra, in Sessions Trial No. 157 of 1994 by which and whereunder, he convicted the appellant for the offence punishable under Section-323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months whereas; he acquitted the co-accused, Sitaram Rai of the charge framed against him by the same impugned judgment.

(3.) In brief, the fact, which lies to file this Cr. Appeal, is that P.W. 5, namely, Rajeshwar Prasad Yadav gave his fardbeyan to A.S.I. of Marhowrah Police Station in injured condition, at Primary Health Centre, Goura on 16-05-1992 at 4.00 p.m. to this effect that on 15-05- 1992 at about 7.00 p.m., when he alongwith P.W. 1 & P.W. 4, was returning to his home and reached near Primary Health Centre, the appellant and one co-accused, Sitaram Rai, being armed with iron rod and dagger, encircled him and co-accused, Sitaram Rai, exhorted to kill him whereupon, the appellant gave iron rod blow causing injury near his left eye. P.W. 5 tried to flee from there but co-accused, Sitaram Rai gave dagger blow, causing injury on his neck and head. P.W. 1 and P.W. 4 tried to save them but they were also threatened by the appellant and other accused. P.W. 5 became unconscious and regained his consciousness in the hospital. The reason behind the alleged occurrence was said to be previous enmity.