MAHANT MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant was put on trial by the learned Additional Sessions Judge -cum -Presiding Officer, Fast Track Court - II, Darbhanga by being charged with committing offences under Sections 307 and 504 IPC in Sessions Trial No.399 of 1998 and by judgment dated 14.08.2002 while the appellant was acquitted of the charges, he was convicted of an offence under Section 324 IPC and after being heard on sentence was directed to suffer rigorous imprisonment for three years. The appellant has chosen to prefer the present appeal to question the correctness of finding of guilt and the order of sentence passed upon him.

(2.) IT was a very short FIR which was based on the fardbeyan (Ext -2) of P.W.7 Dinesh Mahto. The allegation was that on the day of Holi the informant left his house with Abir to move around his village. When he reached the Beldar Toli Chowk, he applied some Patna High Court CR. APP (SJ) No.465 of 2002 dt.25 -04 -2014 2 Abir to this appellant Mahant Mahto who started abusing him upon which the informant stated that it was the day of Holi and in the meantime, the appellant pulled out a Chura (knife) and pierced it into the belly of the informant, as a result of which, he was injured and fell down.

(3.) THE defence of the appellant was that there had been mutual fight between the appellant and the informant and the informant Dinesh Mahto had assaulted the appellant and on that account, he had also filed a case in the same police station.