BIRENDRA PASWAN @ BATORAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Birendra Paswan @ Batoran Paswan stands convicted under Sections 307, 447 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 307 IPC, one year under Section 447 and six months under Section 341 IPC and all the sentences were directed to run concurrently vide judgment dated 20.6.2003 and order dated 21.6.2003 passed by Sri Singheshwar Prasad, the then 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 402 of 1999.

(2.) Prosecution case, in short, is that in the intervening night of 10/11.4.1999 the informant Dharmendra Kumar Bhagat @ Pappu Kumar Bhagat (PW 6) was sleeping by the side of his Chicken Poultry Firm and at about 1.15 A.M. he heard some sound and woke up and when he went near the firm he found that one person was fleeing away. He identified the person and tried to caught hold of him but accused appellant assaulted the informant by "Hasuli" as a result of which he received several injuries on his neck, near ear, on the stomach, on head, on right hand and on the thumb of his left hand. It is further alleged that on alarm raised by informant for his rescue, witnesses Ramashankar Bhagat, Chandrakishore Chaudhary and Bipin Kumar Bhagat came there and on seeing them the accused appellant fled away from the place of occurrence. It is also alleged that all the persons brought him to Sadar Hospital, Hajipur where he was treated by a Doctor.

(3.) On the basis of aforesaid fardbeyan Sarai P.S.Case No. 36 of 1999 was registered under Sections 341, 324 and 307 IPC. Police after investigation submitted charge sheet and after commitment, the case traveled to the file of the learned Trial Judge for trial and disposal.