KALI MATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed by appellant Kali Nath Mahto against the impugned judgment and order dated 3.4.1996 passed by Smt. Shakuntala Sinha. A.J.C., Khunti in S.T. No. 381/85/T.R. No. 92/93 whereby the appellant was found guilty for the offence punishable under Section 307. IPC and he was convicted and sentenced to undergo R.I. for 5 years.

(2.) The prosecution case has arisen on the basis of the written report of informant Gobardhan Mahto (PW 4) before the Arid P.S. Ranchi on 27.9.1984 regarding the occurrence which is said to have taken place on 26.9.1984 at 7.30 p.m. in village Joinhatu P.S. Arki. Khunti. Ranchi. The prosecution case in brief is that the informant had gone to the house of one Satrughan Machuwa at his instance to see the log of woods and while he was returning from there and he reached near the well in the middle of the village the appellant all of a sudden came there at about 7.30 p.m. and gave a dagger blow on the abdomen of the informant as a result of which the informant fell down. Thereafter the appellant gave another blow by dagger on the left arm of the informant. It is alleged 'that the informant caught the dagger and snatched the same and raised alarms calling Ranjit Singh Munda to save him as the appellant was assaulting him by dagger. The prosecution case further is that on arrival of Ranjit Singh Munda the appellant fled away and informant was brought at the house of Ranjit Singh Munda by him where a large number of persons assembled and theT injury of the informant was bandaged by PHW of Jofohatu Sub Health Centre.

(3.) The appellant has pleaded not guilty toT the charge leveled against him and claimed himself to be innocent and has committed no offence and that he has been falsely implicated out of enmity which is existing.