UMESH RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Umesh Ram has been found guilty for an offence punishable under Sec. 326 of the I.P.C. and sentenced to undergo S.I. for two years as well as to pay fine appertaining to Rs.five thousand and in default thereof, to undergo S.I. for six months, additionally, vide judgment of conviction and order of sentence dtd. 1/6/2015 passed by the 1st Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 87 of 1992.

(2.) Ravindra Rai (PW-6), while was admitted at Sadar Hospital Hajipur in an injured condition, gave his fard on 14/2/1990 at 10.45 A.M. disclosing therein that on the same day at about 7.00 A.M. while he was at his Bathan, at that very time, Balkeshi Devi wife of Bindeshwar Rai began to flow water towards his Bathan, whereupon he resisted resulting an altercation amongst both of them. Hearing the same, Bindeshwar Rai, Nageshwar Rai, Umesh Rai, Lalit Rai, Badri Rai came and on an order of Bindeshwar Rai, Umesh Rai brought sword and gave repeated sword blow and during course thereof, other co-accused had caught hold him. Due to sword blow, he has sustained injury over his left thumb (hand), palm, ear, shoulder as well as head right side, wherefrom there was profuse bleeding. On Hue and cry, his co-villagers Ram Sewak Rai, Sukendra Rai, Upendra Rai, Ram Nandan Rai and others came and rescued him. Then thereafter, he has been lifted to the hospital where he is under going treatment. The motive for the occurrence has been shown as Bindeshwar Rai has shown his inclination to purchase a land belonging to him, which he refused.

(3.) After registration of Sarai P. S. Case No. 16 of 1990, investigation commenced and after concluding the same, chargesheet was submitted facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.