BABAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 24th/26th February, 2003 of the 1st Additional Sessions Judge, Katihar passed in Sessions Trial No. 164 of 1996 whereby the appellant was convicted under Sections 307 and 324, IPC and respectively sentenced to RI for 5 years and R.I. for 3 years under the two counts to run concurrently.

(2.) The fardbeyan of the appellant was recorded by S.I. R.K. Singh on 5th February 1996 at 4:00 p.m. in Government Hospital, Pranpur where informant Mina Devi was admitted for treatment of her injuries. Vide fardbeyan, the prosecution story is that the informant was married to the appellant about 10 years ago and the appellant had constructed a thatched (phus) house at Pranpur Bandh and she was leaving there. She further stated that since last six months, her husband was running a Saloon at Bokaro and thereafter she also stated that since last one year, she was having some differences with her husband because the husband had got suspicion that she had some illicit relationship with some other man. She also stated that in absence of her husband, co-accused Braj Nandan Prasad Singh gave her allurement to marry her and established physical contact with her. For this, the husband had become annoyed with her. She further deposed that that day (5.2.1996) at 1:00 p.m. while she was at her house, her husband came there and abused her and in a state of anger, caught hold of her hands, dragged into the angan, thrashed her down on the ground and then assaulted her with ustara (razor) with intention to kill. He (appellant) assaulted on her neck and cheek causing bleeding injury and that when she tried to ward off the blow, she received bleeding injury on her hand on the basis of which a formal FIR was instituted and the investigation started. Police submitted charge-sheet against the appellant and co-accused Braj Nandan Prasad Singh also. The appellant was tried for the offences under Sections 307 and 324, IPC and co-accused Braj Nandan Prasad Singh faced the trial under Section 376, IPC. The trial Court acquitted co-accused Braj Nandan Prasad Singh and the appellant has been convicted and sentenced, as above.

(3.) As many as six witnesses have been examined by the prosecution. PW 1 Dr. Vishnu Prasad Gupta is the doctor who had examined the injury on the person of injured informant. PW 2 Mahendra Thakur has turned hostile to the prosecution and he deposed in his examination-in-chief that he knew nothing about the occurrence. The learned APP drew attention of this witness towards his statement before the police to the effect that this appellant had assaulted the victim informant by means of razor with intention to kill. This witness denied to have made any such police statement. The prosecution has not examined the I.O. of the case to prove the police statement over which the attention of the witness was drawn by the learned APP. PW 3 Sharda Mahto and PW 4 Birendra Nath Tiwary are also hostile witnesses and they also stated to be knowing nothing about the occurrence. PW 5 Parwati Devi has been tendered by the prosecution and she did not say anything about the occurrence in her examination-in-chief and the cross-examination. PW 6 is the victim informant herself.