MANOJ KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Manoj Kumar Chaudhary, being aggrieved by his conviction under Sec. 307 of the Indian Penal Code and sentence for rigorous imprisonment for ten years passed by Shri Surender Prasad Sharma, 5th Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 130/2001 has preferred this appeal.

(2.) Shortly stated the prosecution case as disclosed in the Fardbeyan of informant Munna Chaudhary, resident of village Bishun Tola, P.S. Jagdishpur, District Bhojpur recorded by the Officer Incharge of Jagdishpur Police Station on 21.8.2000 at 10.30 p.m. at the said Police Station is that the informant and his father Babban Chaudhary had gone to irrigate the field. On the same day at about 9.45 pm they reached near the pyne of appellant Manoj Chaudhary. The informant flashed torch and finding the appellant there enquired as to what for he had come there. It is alleged that appellant Manoj Kumar Chaudhary came nearer to them and asked as to why they were not withdrawing the case whereupon the informant's father replied that he would not withdraw the case and then Manoj Chaudhary assaulted by Katta on his head due to which the informant's father fell down on the ground. Thereafter again Manoj assaulted on his neck due to which about half portion of his neck was cut and he started to flutter. The informant raised alarm loudly on which the neighbouring people engaged in irrigation named Sanjay Chaudhary, Ghanshyam Chaudhary and Jagdish Chaudhary arrived and snatched the Katta from the appellant, in course whereof he sustained injuries. Thereafter a lot of people of the village assembled and took appellant Manoj with Katta and informant's father to local Police Station where fardbeyan of the informant was recorded. The informant's father was sent to Jagdishpur Hospital for treatment. The alleged occurrence according to the informant took place due to previous enmity. On the basis of the fardbeyan of the informant the Police registered Jagdishpur P.S. Case No. 202/2000 dated 21.8.2000 and after completing investigation submitted charge sheet against the appellant Manoj Kumar Chaudhary and also against another accused Mahendra Chaudhary. Both the accused faced the trial and the learned Additional Sessions Judge by the impugned judgment acquitted Mahendra Chaudhary but the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years under Section 307 of the Indian Penal Code.

(3.) It appears that two witnesses were examined on behalf of the defence. The defence of the appellant was total denial of the alleged occurrence and false implication. It further appears from the record that it was also the defence of the appellant that he was assaulted by the prosecution party and Baban Chaudhary sustained injury from Katta used by his side and the prosecution party falsely implicated the appellant in the case.