AYODHYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment of conviction and order of sentence dated 7th September, 1993 passed by the learned 7th Additional Sessions judge, Rohtas at Sasaram in Sessions trial No. 330 of 1985 by which the solitary appellant was convicted under Sections 324 and 380 of the Indian Penal Code and was directed to suffer terms of rigorous imprisonment for six months and two years respectively on the two above counts. No sentence of fine was imposed. The appellant was charged also under Section 307 of the Indian Penal Code but the learned Judge did not record a conviction against the appellant under that provision of the Penal Code.

(2.) THE prosecution story is very short. It is not disputed that the informant Ramadhar sharma, P. W. 5, and the present appellant ayodhya Singh were residing together and carrying on the business in potato together. It is alleged that one Kameshwar Singh of chandanpura came and paid Rs. 8000/- to the informant on the day of the occurrence in presence of the appellant. The informant and appellant had taken dinner together and slept in the same shop. At about 2 a. m. the informant woke up after being given a blow with choora and he found that it was this appellant who had inflicted the blow upon his right cheek which was bleeding profusely. He raised an alarm and that attracted persons of the neighbourhood and seeing that, the appellant is alleged to have run away with the theft property i. e. Rs. 8000/ -. The informant was taken, as per his statement, to the hospital were fardbeyan, which has not been exhibited, was recorded and on that basis, investigation was initiated and after completion of the same, the appellant was sent up for trial which ultimately ended in his conviction and the order of sentence passed on him" as indicated above.

(3.) THE defence of the appellant was that there was no such occurrence as was alleged and that the informant had been assaulted at some other place and had falsely implicated the appellant due to some business dispute.