DUDHNATH BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Dudhanath Bhagat, against whom charge under Sections 307 and 326 of the IPC were framed, has preferred this appeal against the judgment of conviction and order of sentence, dated 23.06.88, passed by Ist Additional District & Sessions Judge, Gopalganj, in Sessions Trial No. 272 of 1976 by which the appellant was convicted under Section 326 of the IPC and was sentenced to undergo rigorous imprisonment for three years.

(2.) The brief history of the case, as unfolded by the fardbeyan (Exhibit 1) of Mahashray Bhagat (PW 4), is that on 07.10.75 at about 09.00 p.m. when he was sleeping on a chachara beneath a pakri tree in this bathan, this appellant came there and gave a (sic) blow on the chin and a second blow above the plam of his hand. Further case of prosecution is that when informant's son, Dharam-nath Bhagat (PW 2) came to his rescue and tried to catch the appellant, the appellant got him freed and fled away. According to prosecution case. Harihar Bhagat (PW 1), Dahari Bhagat (not examined), Tilak Bhagat (PW 3) reached there on hulla and the informant was taken to hospital where his fardbeyan was recorded on 08.10.75 at 10.30 a.m. on the basis of which Mirganj P.S. Case No. 6(10)75, under Sections 324 and 327 of the IPC, was registered against this appellant. The police after due investigation submitted charge-sheet against him and after taking cognizance and commitment the appellant was put on trial and was convicted as aforesaid.

(3.) The defence of the appellant was that he was falsely implicated in this case due to land dispute.