AWADH LAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of learned 2nd Additional Sessions Judge, Siwan dated 24.5.1993 rendered in S. Tr. No. 77/92/56/92 under which the appellant has been convicted for the offence u/s. 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) The prosecution case, in short, is that the informant Narendra Giri on 21.1.1992 at 8.00 PM had gone for easing himself towards east of his house. He was returning and reached near Brahma Asthan. Suddenly accused Awadh Lal Prasad appeared and said "Giri Ji Apne Darwaza Par Beizzat Karne Ka Fal Le Lijiye" and saving this he took out a Grassa which he had concealed in his Chadar and assaulted on his head causing injury at the middle of the head. He gave a second blow which caused injury on the back of his head. He gave a third blow aiming towards neck with a view to commit his murder which was resisted by the informant with his hand due to which he sustained serious injury on his left hand. On informant's outcry the villagers namely Devendra Giri. Ram Kumar Giri. Baliram Giri. Lalji Giri. Dharmendra Giri and others arrived and saw the occurrence. After seeing the villagers coming the accused fled towards south. The villagers brought the informant to Jamo Hospital. It is said that one day earlier i.e. on 20.1.1992 at 10.00 AM the calf of the accused had grazed the crop of the informant. The informant had caught the calf for sending it to the cattle pond and the accused had forcibly snatched the calf for which the informant had rebuked him. The fardbeyan of the informant was recorded by the police on 22.1.1992 at 15.00 hours at Jamo Hospital. On the basis of fardbeyan the police registered Jamo P.S. Case No. 9/92 and after investigation submitted charge sheet on the basis of which the learned Chief Judicial Magistrate took cognizance on 28.4.1992 under Ss. 307, 326 and 324 of the Indian Penal Code and later on committed the case to the Court of Session. After trial accused was convicted and sentenced to undergo imprisonment as mentioned above. Against the said conviction and sentence, the appellant has preferred the present appeal before this Court.

(3.) In support of the case, the prosecution examined in all seven witnesses namely P.W. 1 Lalji Giri, P.W. 2 Baliram Giri, P.W. 3 Ram Kumar Giri, P.W. 4 Devendra Giri (brother of the informant), P.W. 5 Narendra Giri (informant), P.W. 6 Kali Prasad (dresser) and P.W. 7 Damodar Prasad Singh, Investigating Officer.