LALO CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years as also to pay a fine of Rs. 1,000/-, in default to suffer further simple imprisonment for six mouths. This appellant has further been convicted under Section 326 of the Indian Penal Code, but no separate sentence has been awarded for this offence.

(2.) The relevant facts giving rise to his appeal are that the Fardbeyan (Ext. 5) was recorded on 25-4-1976 at the 10 a.m. at Manjhaul District Board Dispensary by A. S. I., D. P. Singh of Manjhaul Out-post (P. W. 12) on the statement of Shaligram Singh (P. W. 9). On the basis of the aforesaid Fardbeyan a police case was instituted at Cheria Bariarpur Police Station on the same date at 4.10 p. m. The allegations as contained in the Fardbeyan are that the informant Shaligram Singh (P. W. 9) had sold 12 mds. of chilly worth Rs. 600/-on credit to the appellant prior to the occurrence. The informant (P. W. 9) had made demand for the payment of the price of the chilly serveral times from the accused but it was not paid. A day prior to the occurrence the informant had again demanded the price of chilly from the appellant in the morning and the appellant had assured him that payment will be made to him in the evening of 24-4-1976. The informant, however, could not go to the place of the appellant in the evening of 24-4-1976 for taking payment of money since he had to go Sirmaria Ghat for taking part in cremation of the dead body of a lady who was his grand aunt. On the date of occurrence, i, e., on 23-4-1976 he alongwith one Shyam Nandan Singh (since dead) went to the house of the appellant for taking payment of his money. On demand the appellant turned a deaf ear as a result of which there was exchange of hot words between the informant and the appellant. Thereafter, the appellant dealt a farsa blow which hit on the back side of the head of the informant. The appellant repeated another farsa blow hitting left index finger near the nail. Jaideo Singh (P. W. 8) and others saw the occurrence.

(3.) After the occurrence the informant (P. W. 9) was removed to manjhaul District Board Dispensary where he was medically examined and treated by P. W. 11 (Dr. Parmanand Chaudhary). P. W. 11, the doctor found the following injuria on the person of the informant ; (i) Clean cut wound 3 1/4"X "X bone deep on the left side of scalp on its fronto parietal region. Bone cut to the extent of 3/4" in length posteriorly on the Ironto parietal region. (li) Incised wound "x 1/8" x nail deep on the upper portion of the nail of the left index finger lying transversely. Both the injuries were grievous in nature. Injury report has been marked as Ext. 4. On the information sent by P W. 11 (Parmanand Chaudhry) P. W. 12 (D. P. Singh) who was then posted as Assistant Sub-Inspector of Police at Manjhaul Out-post which was within the Cheria Bariayarpur Police Station reached the District Board Dispensary and recorded the Fardbeyan referred to above. P. W. 12 himself took up investigation. He seized the the blood stained clothes of the informant which has been marked as Ext. 1/A. Thereafter P. W. 12 also inspected the place of occurrence which was at a distance of 300 yards from the house of the appellant on the pitch read. He found blood like substance at the place of occurrence and seized the same. Seizure list has been marked as Ext. 1/B.