ISHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is against the judgment dated 23.4.1992 passed by the 3rd Additional Sessions Judge, Nawadah in Session Trial Nos. 331/81/371/84/187/87 whereby the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo RI for seven years.

(2.) THE fardbeyan of the case was recorded by police on 21.3.1981 at 2 p.m. in the Pakribarawan Hospital where Daro Mahto was being treated in the hospital. The prosecution case as appearing from the fardbeyan is that on that day (21.3.1981) at 7 a.m. while he was digging bhitar (a hole for fixing machan) at that time appellant came and obstructed and he also brought a saif and assaulted him with the saif causing injury on his head, right arm and abdomen. On his cry his wife Panma Devi (PW 5) and Sidheshwar (PW 4) came there. The informant further stated that his villagers Uday Prasad, Ramashish Mahto, Basudeo Mahto and his son took him to hospital where he was treated and fardbeyan (Ext. 2) was recorded and on the basis of the fardbeyan formal first information report was registered and after completion of investigation charge -sheet was submitted and the appellant was put on trial and was convicted and sentenced as stated above.

(3.) THE appellant has also examined one defence witness. DW 1 Ganga Prasad, who proved the sale deed (Ext. A) in favour of appellant Ishwar Mahto as well as Kameshwar Mahto and Jugeshwar Prasad in respect of 39 decimal of land including 1.7 decimal of portion of house in which the occurrence is said to have taken place.