DHANANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 307 Indian Penal Code and sentenced to rigorous imprisonment for seven years by a Judgment and order of conviction dated 25.5.1999 passed by the 9 th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 317 of 1995.

(2.) THE case of the Informant Nagendar Singh is that from the date of occurrence after Tilak ceremony of a co -villager while he and his first cousin Amrendar Singh were sleeping in their Bathan, at about 2.00 A.M., two miscreants came with the sword and Gupti. The Informant identified the Appellant with the sword in his hand with which he assaulted him on his head on account of which he fell down. The second person assaulted his cousin brother on the neck with Gupti and when he attempted to save the Informant by catching hold of the sword he injured his hand and fingers. The reason for the occurrence that on 28.5.1995 while Appellant Dhananjay Singh was passing through a lane in which the Informant was riding his bicycle, he accidentally hit him which led to an altercation and this according to the Informant was the motive of the occurrence.

(3.) THE Informant Nagendar Singh has been examined as PW -6 whereas PW -7 is Doctor Harishankar Prasad, who examined the Informant Nagendar Singh and PW -4 Amrendar Kr. Singh and found as many as six injuries on the person of the Informant two of which were incised in nature, two were sharp cutting wounds and two were abrasions. He got the injury No. 1 x -rayed from which it appears that there was a fracture of parietal bone and, therefore, grievous in nature. The rest of the injuries were simple in nature.