NATHUNI MIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the appellant suffered conviction under sections 324, 326 and 307 of the Indian Penal Code (IPC) for an occurrence which allegedly occurred on 31st December, 1994, he was sentenced only on the last count for a term of ten years and also to pay a fine of Rs. 5000/ -, in default of which, he was to undergo further rigorous imprisonment for a term of one year.

(2.) THOUGH facts of the case have been fairly spelt out in the judgment of the trial court, a brief resume of them would be made with brevity, to appreciate contentions raised on behalf of the appellant. At about 4 p.m. on 31st December, 1994, while Hafiz Iftekhar Ahmad was in the field, where manure was being sprayed, he noticed a she -goat of Md. Sahid, damaging the crop. He caught hold of the animal and tied in the field with a rope, shortly after which, appellant came and took him to task for taking the she -goat in custody. It was alleged that shortly thereafter wife of Sahid too happened to come there. The appellant then allegedly asked wife of Sahid to release she -goat and when Hafiz Iftekhar Ahmad registered protest, appellant dealt successive blows on his person when he dropped injured in the field. He was taken to hospital for medical assistance where his fardbeyan was recorded at 15 hours on 1st January, 1995. As usual investigation commenced and in course of collecting evidence, the Investigating Officer recorded statement of witnesses, visited place of occurrence, got the injured clinically examined by the doctor, and on conclusion of investigation, laid charge sheet before the Court. At trial, the State examined five witnesses who are injured, doctor, Police Officer and also those who claimed to be ocular witnesses to the incident.

(3.) REITERATING his earliest version, Hafiz Iftekhar Ahmad (P.W. 1), who happens to be maker of the fardbeyan, states, that at about 4 p.m. on 31st December, 1994, while he was spraying manure in the field with the aid of tractor, he noticed shegoat of Md. Sahid damaging crop and after he took she -goat in his custody, appellant came and took him to task. Shortly thereafter, wife of Sahid too happened to come there who on exhortation made by the appellant wanted to take custody of the she -goat and when he made resistance, the appellant dealt three successive blows with his kinfe on his back, nose and thumb, and he dropped unconscious. He was treated in the hospital when his fardbeyan was recorded by Police Officer, and narrations in similar terms and veins were made also by Md. Yusuf and Abdul Sattar (P.W.3) who too while working in the adjacent field noticed appellant dealing successive blows on the injured with a knife.