KAILASH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was charged under section 307 of the Indian Penal Code for assaulting with Bhujali with intention to cause death of Kedar Yadav. However, after trial, the learned Sessions Judge, Sahibganj by his judgment dated 30th May, 1995, in Sessions case no. 343 of 1991 convicted the appellant under section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years holding that the charge under section 307 of the Indian Penal Code was not established rather the case under section 326 of the Indian Penal Code was established by the prosecution.

(2.) BEING aggrieved by the said judgment of conviction and sentence the appellant has preferred the present appeal.

(3.) IN order to establish the charge prosecution examined altogether seven witnesses. Out of whom, P.Ws. 3 and 4, who are signatories of the Fard beyan, have deposed as eye witnesses to the occurrence. P.Ws. 1 and 2 are the formal witnesses who have proved Exts. 1 and 2 respectively. P.w. 5 is the Informant. P.W. 6 is the Investigating Officer. P.W. 7 is the Doctor who examined the injury on the person of the informant and proved his injury report. The material witnesses are P.Ws. 3, 4 and P.W. 5 i.e. the informant.