SUDHIR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 20.7.1993 passed by Shri Chandra Mohan Prasad, 2nd Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 284 of 1987/232 of 1987 by which he has convicted the appellant under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year.

(2.) The prosecution case, in brief, is that on 30.7.1985 at about 7.00 P.M. the informant had gone towards south of his village for attending the call of nature and after easing himself while he was taking water for cleaning, the appellant came there and caught hold of him and started rasping his neck with Pasuli. The informant tried to stop him by holding the Pasuli with his left hand due to which his left thumb got cut injury and the neck started bleeding. When the people of the village assembled, the accused fled away.

(3.) On the basis of the Fardbeyan recorded by the police on 31.7.1985 at 3.00 p.m., a case vide Hilsa P.S. Case No. 133/85 under Section 307/324 of the Indian Penal Code was registered and the case was investigated and the chargesheet was submitted under Sections 341,307 and 324 of the Indian Penal Code.