RAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 326 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years.

(2.) This appellant alongwith his father Brij Bihari Singh was put on trial on the charge under Section 307 of the Indian Penal Code on the allegation that on 3rd May 1975, at village Lahang Dumaria, Police Station Bihea, district Bhojpur, assaulted Radha Prasad Singh with a bhala with an intention to kill him. Alternatively, a charge under Section 326 of the Indian Penal Code was also framed against him. It is said that P. W. 2 Radha Prasad Singh was going to his khalihan situated to the north of the village at 10 to 11 A.M. on the day of occurrence. When he was about to reach the khalihan, he met accused Brij Bihari Singh (since acquitted), this appellant and one Sitaram Singh. (Sitaram Singh died before commitment). The informant asked this appellant and his companions as to why they had not untied the bullocks.from his Dauni (thrashing). On this, the appellant became angry and started abusing. Brij Bihari Singh and Sitaram Singh asked this appellant to bring a bhala and to kill the informant. The appellant went and brought a bhala and gave a bhala blow to P.W. 2. After receiving the bhala blow, P.W. 2 fell down and then the appellant and his companions went away. A case was instituted at the police station and after due investigation, chargesheet was submitted against this appellant as well as his father, the acquitted accused Brij Bihari Singh and Sitaram Singh.

(3.) In the trial Court, six witnesses were examined on behalf of the prosecution. Out of them two are doctors. It appears that by mistake both the doctors have been numbered as P.W. 6 instead of P.Ws. 5 and 6. P.W. 4 is a formal witness P.W. 3 is the Assistant Sub-Inspector of Police who had recorded the fardbeyan of Radha Prasad Singh. P.W. 2 is the informant himself and P.W. 1 is a hearsay witness. The main investigating officer could not be examined.