SAHEB YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellant as well as learned APP for the State.

(2.) Sole appellant Saheb Yadav has been found guilty vide judgment dated 09.05.2002 for an offence punishable under Sections 448, 323 and 307 IPC and has been directed to undergo SI for six months, under Sections 448 and 323 IPC respectively as well as for four years under Section 307 IPC vide order of sentence dated 20.05.2002 by 1st Additional Sessions Judge, Khagaria in Sessions Trial No. 307/1995, has challenged the same under present appeal.

(3.) Shorn of unnecessary details, the prosecution case as it appears on the written report submitted by Buchan Sao, a Chaukidar (PW 9) on 04.05.1995 disclosing therein that child of Saheb Yadav had stoned upon his children a few days ago. On 04.05.1995 also, stone was thrown and on account thereof, he had scolded them. In the aforesaid background, while he along with his maternal uncle was taking meal in his Angan at 9:00 p.m., Saheb Yadav came armed with Lathi, abused and then, had given Lathi blow over his head causing injury thereupon. Another blow was given on his thigh. His maternal uncle, wife along with children were cited as eyewitnesses to the occurrence. Subsequently thereof, he was taken to PS where he had submitted written report.