SRI RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State.

(2.) This Criminal appeal has been preferred against the judgment and order of conviction dated 19.12.2012 and order of sentence dated 20.12.2012 passed by the Additional District and Sessions Judge 1st, Ara in Sessions Trial No. 346 of 2005, arising out of Agiaw Bazar P.S. Case No. 55 of 2004, whereby the learned trial Court convicted the accused Sri Ram Singh for the offence punishable under Section 307, 447 and 326 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years each under Section 307 and 326 of the IPC and slapped him with a fine of Rs. 5000/- each and in default of payment of fine further undergo R.I. for 2 years each in the aforesaid section and R.I. for 3 months under Section 447 IPC. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Agiaw Bazar P.S. Case No. 55 of 2004 was instituted under Section 458/324/326/307 IPC against the accused Sri Ram Singh on the basis of fardbeyan of Awadh Singh, son of Dhenukhdhari Singh recorded by A.S.I., K.P. Singh of P.S. Piro on 28.09.2004 at 8:00 AM at Primary Health Centre, Piro with the allegation in succinct that in the night of 27/28.09.2004 while he was sleeping beside his son, at around 12:00/1:00 o'clock at night, accused Sri Ram Singh arrived there armed with Kata and with intention to do away with life of his son assaulted on the head and palm of the both hands, behind the left shoulder, little finger of the right hand and right chick of his son and made him seriously injured. When he and his son made alarm the accused managed to escape and his cousin, namely Satyendra Singh and uncle Santosh Kumar Singh and nephew Santosh Singh and Ashok Singh rushed there and witnessed the occurrence and he rushed his son to the Piro Hispital with the help of the aforesaid persons. The bone of contention is said to be that the accused had flung brick bat on his house preceding to occurrence and informant had forbidden him and a case was also fought between him and the accused Sri Ram Singh which was compromised.