AJAY SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ajay Sao who has been found guilty for an offence punishable under Sections 324, 307, 452 of the IPC vide judgment dated 22.06.2013 and directed to undergo R.I. for 7 years as well as also fined Rs.2000/- in default thereof, undergo S.I. of one month additionally under Section 307 IPC, R.I. for 2 years under Section 324 IPC and R.I. for 3 years as well as also fined of Rs.1000/- in default thereof to undergo S.I. for one month additionally under Section 452 IPC with a further direction to run the sentences concurrently vide order dated 27.06.2013 by Additional Sessions Judge, Xth, Patna in Sessions Trial No.597 /2012 has challenged the same under present appeal.

(2.) Sujeet Kumar @ Raju (PW-2) gave his fardbeyan (Ext.-2) on 17.11.2011 at about 08:00 A.M. at PMCH Emergency Ward alleging inter alia that at the preceding night while they were sleeping, at about 02:00 A.M. he rushed to his mother, Lalti Devi after hearing her cry who was sleeping at upper floor of the house and had seen copious blood coming out from her mouth, face and ear. Ajay Sao, his neighbour was standing by her side armed with "Dab". Seeing him, Ajay Sao dragged him to open sphere and began to assault with "Dab" on account of which he sustained injury over his left chick as well as left side of head. Blood had also oozen out. While he was assaulting him, his other companions escaped there from with the stair. During midst thereof, his wife Renu Devi arrived and raised alarm on account of which other family members arrived out of whom Ranjeet Kumar caught hold Ajay Sao as well as also snatched away the "Dab" from him. He had further stated that he had not identified other companions of Ajay Sao but he could identify them. He had further stated that they have come to cause murder. Chandan Rai and Satendra Kumar (not examined) happens to be the attesting witness.

(3.) Phulwarisarif P.S. Case No. 481 of 2011 was drawn on the basis of fardbeyan followed with investigation as well as submission of charge sheet on account of which appellant / accused had faced trial and met with ultimate result, the subject matter of instant appeal.