DASMAT TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, namely, Dasmat Tudu has been convicted under Section 307 of the Indian Penal Code in Sessions Trial No. 337 of 1988. by Sri M.P. Tiwary, 3rd Additional Sessions Judge, Jamshedpur, by his judgment and order, dated 23rd March, 1992 and has been sentenced to undergo rigorous imprisonment for a period of three years.

(2.) ACCORDING to the fardbeyan (Exhibit 3) of the informant recorded by S.I.D.K. Murmu of Dalbhumgarh PS. on 20.8.84 at 10 a.m. at Dalbhumgarh Government Hospital, the case of the prosecution is that on 19.8.84, there was some quarrel between the informant and the accused -appellant relating to the ridge intervening between their lands, for which there was a Panchayati and the dispute was resolved. The appellant invited the informant to a feast at his place and on the same day in the evening hours the informant went to the house of the accused to participate in the feast. The people, who had jointed the feast left for their respective homes and then the informant also expressed his desire to go home the accused insisted him to stay for sometime more but the accused did not agree and proceeded for his home. On the way, when the informant reached near the house of Mansha Manjhi, the accused appeared their all of a sudden and assaulted him with a knife on his chest and left side of the abdomen. The informant raised alarm, whereupon, the witnesses, namely, Tota Ram Tudu and Madhav Saran rushed to his rescue and seeing them the accused fled away. Thereafter, the informant was brought to Dalbhumgarh Hospital and on regaining the consciousness the informant gave his fardbeyan (Exhibit 3) to S.I.D.K. Murmu, on the basis of which a formal FIR (Exhibit 4) was drawn up and the police took up the investigation into the matter. The informant was examined at Dalbhumgarh Hospital by Dr. Awadhesh Prasad (PW 4), who had granted injury report (Exhibit 2). After completing the investigation, the police submitted charge -sheet in the case under Section 307 of the Indian Penal Code, on the basis of which, cognizance of the offence was taken and the case was committed to the Court of Session.

(3.) THE accused denied the charge and his defence is that he has been falsely implicated due to land dispute.