LAWS(JHAR)-2018-12-121

SUDHIR KUMAR Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On December 07, 2018
SUDHIR KUMAR Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The criminal revision is directed against the judgment dtd. 30/3/2000 passed in Criminal Appeal No.52 of 1998 by the 2nd Additional Sessions Judge, Bokaro at Chas whereby and where under the learned court below has confirmed the judgment of conviction and order of sentence of the revision petitioner in G.R. Case No.779 B of 1991 corresponding to T.R. No.152 of 1998 whereby and where under the revision petitioner had been held guilty of having committed offence punishable under Sec. 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and fine of Rs.300.00 with default clause.

(3.) The case of the prosecution in brief is that on 22/8/1991 in the evening, the revision petitioner approached the victim to hire his V.C.P. After initial reluctance by the father of the victim, it was agreed by the victim who was involved in the business of giving V.C.P. on rent, to give V.C.P. to the revision petitioner. Accordingly, the victim along with the V.C.P. with the revision petitioner in pillion of the scooter proceeded to the house of the revision petitioner. It is alleged that on the way the revision petitioner, who was sitting on the pillion of the scooter, gave dagger blow on the person of the victim at two places. The victim fell down from the scooter. The brother of the revision petitioner was waiting with another scooter and after the victim fell down, he saw that the revision petitioner went away with the V.C.P. along with his brother in the other scooter which was brought by his brother. A person of Sector VIII seeing the informant in injured state, informed his family members and his family members took the informant-victim from the place of occurrence to hospital in an auto-rickshaw.