SINGHESHWAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole Appellant, Singheshwar Bhagat has been found guilty for an offence punishable under Sec. 307 of the IPC and sentenced to undergo RI for five years, under Sec. 324 IPC and sentenced to undergo imprisonment for two years, under Sec. 341 IPC and sentenced to undergo imprisonment for one month with a further direction to run the sentences concurrently vide judgment of conviction dtd. 19/2/2009 and order of sentence dtd. 20/2/2009 passed by Additional Sessions Judge, FTC No.VII, Sitamarhi in Sessions Trial No. 412/2007/172/2009.

(2.) Ganesh Raut (PW-4) while was admitted at SKMCH, Muzaffarpur gave his Fardbeyan on 23/5/2007 at about 4:45 PM disclosing therein that on 22/5/2007 at about 7:00 PM while he was gossiping at his Darwaza along with co-villagers, Singheshwar Bhagat son of Jewar Bhagat came and participated in gossiping but after staying for 10 minutes, he requested him to accompany to attend nature's call, whereupon, he along with Singheshwar Bhagat proceeded. They reached at a mango orchard where Singheshwar Bhagat began to pluck mangoes while he sat and was engaged in preparing tobacco (Khaini). While he was concentrating in preparing tobacco, Singheshwar Bhagat gave knife blow from the backside over front side of neck, on account thereof, there was cut by the side of wind pipe. He tried to apprehend him whereupon, he repeated the blow as a result of which, all the five fingers of his left hand also sustained cut injury. Even then, he tried to apprehend whereupon, he escaped therefrom. He, in an injured condition ran towards his house raising alarm, till then his wife Kaushalya Devi along with five children were taken away by Singheshwar Bhagat and his family members. He has been taken to Muzaffarpur for treatment.

(3.) After registration of Runnisaipur PS Case No. 81/2007, followed with an investigation, during course thereof, also procured injury report and after concluding the same, submitted charge-sheet, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.