NIRMAL KUMAR MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant named above has preferred this appeal against the impugned judgment dated 8 -1 -1990 passed in Sessions Trial No. 204 of 1087 by Shri Sushil Kumar Dwivedi, Sessions Judge, Santhal Parganas, Dumka whereby and whereunder the appellant was found guilty for the offence punishable under Section 324 of the Indian Penal Code and he was convicted but he was released under Section 360(1) of the Code of Criminal Procedure on furnishing bond of Rs. 2,000/ - with two sureties of the like amount each for a period of one year to keep peace and to maintain good bahaviour. However, the appellant was not found guilty for the charge under Section 306 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext. 3) of P.W. 4, Rewa Devi, daughter of P.W. 6, Arjun Kumar Mehta recorded by S.I. B.D. Prasad of Dumka P.S. in Sadar Hospital, Dumka on 26 -7 -1986 regarding the occurrence which is said to have taken place between 21.00 hours and 22.00 hours on 25 -7 -1986 in the common house of P.W. 6, Arjun Kumar Mehta and this appellant.

(3.) THE information came to the Sadar Hospital, Dumka on the following morning and got herself examined and treated regarding the said injury and thereafter her fardbeyan (Ext. 3) aforesaid was recorded and on its basis the case was instituted against the appellant by drawing the formal FIR (Ext. 4) on 26 -7 -1986 at 8.30 hours.