OM PRAKASH SONAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been found guilty for the offence punishable under Sec. 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years. The prosecution case, briefly stated, is that on 11.1.1974 at about 8.30 A.M. Jagarnath Prasad Kesari (P.W. 2), who is the informant and injured was going to the railway station on a rickshaw along with his associate Gopal Prasad Gupta (P.W. 4). Suddenly the appellant came with a dagger and inflicted a dagger blow on the neck. Since the rickshaw was in motion, the appellant could not succeed in giving such blow which may have caused death.

(2.) Learned counsel appearing on behalf of the appellant has stated that there is no independent witness in this case and the Doctor has not been examined.

(3.) In the facts and circumstances of the case, absence of independent witness cannot be said to be a ground to disbelieve the prosecution case. The evidence of the injured is sufficient to fasten the guilt upon the appellant. Non -examination of the Doctor is of no gain to the defence. It is because if the statement that the appellant had inflicted dagger injury in the neck is accepted without going 'into the nature of injury, that is enough to find the appellant guilty for the offence under Sec. 307 of the Indian Penal Code.