SAHDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the two appellants herein is directed against the judgment and order dated 30.9.1992 passed by Sri Mishri Lall Choudhary, 1st Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 48/123 of 1986/1988 (arising out of Sahebganj P.S. Case No. 66 of 1985). By the impugned judgment and order both the appellants have been convicted for offences under Sec. 307/34 I.P.C. and each of them have been sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case originated on the fardbeyan given by injured Jhingan Rai at 7.00 A.M. on 14.07.1985 at the State Dispensary, Sahebganj in respect of an occurrence which took place earlier in the night at about 1.30 A.M. According to the informant while he was sleeping on a Chouki at his darwaza the accused persons arrived and surrounding him they started hurling abuses at him. The informant protested whereupon accused Gagandeo Rai dealt a blow on the face of the informant with the garasa in his hand and as the informant raised hulla accused Sahdeo Rai dealt a blow on the head near the left ear of the informant with the farsa in his hand. Attracted by the bulla raised by the informant, his wife Jaleshwari Devi, co -villagers Mahender Rai, Munjhi Rai, Musafir Rai and several others arrived whereupon the accused persons took to their heels. The injured informant was removed to the Dispensary for treatment. The genesis of the occurrence is said to be the issue that some 10 days prior to the instant occurrence Sahedeo Rai 'sdaughter was found cutting maize from the fields of the informant for which the wife of the informant raised protest as a result whereof there had been ill feelings between the informant and Sahdeo which eventually resulted in the instant occurrence.

(3.) IN support of its case the prosecution sought to examine as many as 8 witnesses of whom P.W.4 is the informant, P.Ws. 5, 7 and 8 are doctors and P.W. 6 is a formal witness. It would be worth while to mention here that P.W. 2, Mahender Rai, was examined in part on 3.9.1990 and his examination was deferred for another day but thereafter the witness never turned up. The Investigating Officer also could not be examined as he was reported to be dead.