RAVI NATH KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dtd. 3/9/2002 passed by Adhoc District and Sessions Judge, Fast Track Court-III, Patna in Sessions Trial No. 593 of 1993 arising out of Gardanibagh P.S. Case No. 245 of 1992, whereby the learned trial court convicted the accused Ravinath Kumar Mishra for the offence punishable under Sec. 307 of the Indian Penal Code and sentenced him to undergo R.I. for three years for the said offence.

(3.) Factual matrix of the case is that Gardanibagh P.S. Case No. 245 of 1992 was instituted under Ss. 307 and 324 of the Indian Penal Code against the accused Ravinath Kumar Mishra on the basis of the fardbeyan of Jawahar Lal Rajak, Son of Shiv Nandan Rajak, resident of Village-Jalalpur, P.S. Danapur, District- Patna, at present residing by the side of Rajendra Krishi Bishwavidyalaya under P.S. Phulwari recorded by A.S.I. S. N. Singh of P.S. Sachiwalya on 27/3/1992 at 08:30 PM at emergency ward of P.M.C.H., Patna with the allegation in succinct that on 27/3/1992 at 07:15 PM, while he was regressing to his house on bicycle after finishing his work at the house of Shri S. N. Sinha, I.A.S., resident of 10th Strand Road, Patna and when he arrived near nursery of Shri Hari Anne Marg, a person who is residing in the servant quarter of 10th Strand Road gave him call from the rear side, whereupon he stopped his bicycle. On coming closer to him, he asked him regarding complain made against him with the Madam. On his refusal, he whipped out dagger from his waist and assaulted him indiscriminately on his neck, cheek and head inflicting injury on the aforesaid parts of his person. He also sustained injury on both the palms during the course of escaping the assault. His attire was also stained with blood. On sustaining injury, he rushed to the resident of his officer. In the meantime, police patrolling party arrived there and apprehended the said accused giving him chase and rushed him to the P.M.C.H where he is undergoing treatment. Apprehended accused disclosed his identity as Ravinath Kumar Mishra.