(1.) Appellant, Birendra Chaudhary has been found guilty for an offence punishable under Section 504 IPC and sentenced to undergo R.I. for one year, under Section 32 4 IPC and sentenced to undergo R.I. for one year, under Section 307 IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.2000/- in default thereof, to undergo S.I. for one month, additionally with a further direction to run the sentences concurrently, with a further direction to set off the period having undergone during course of trial under Section 428 Cr.P.C. by the Additional Sessions Judge, IInd, Gaya vide judgment of conviction dated 25.11.2014 and order of sentence dated 29.11.2014 passed in connection with Sessions Trial No.456 of 2006 /46 of 2014.
(2.) Sheo Kumar Chaudhary, PW.9 filed written report on 17.05.2006 alleging inter alia that on the same day at about 08:30 PM while he along with his family members was at his house, his neighbour Birendra Chaudhary who is a toddy seller was engaged in offering toddy to customers at the roof of his house and during course thereof, was abusing him as well as his family members whereupon, they resisted as a result of which, he became enraged and then, came at his Darwaja carrying sickle (Pasuli) and began to assault them at his Darwaja. During course thereof, Birendra Chaudhary inflicted Pasuli blow over his neck with an intention to kill which he ward of by his hand as a result of which, there was cut near left elbow. He gave another blow causing injury over right arm. When his brother Raj Kumar Chaudhary came in rescue, Birendra Chaudhary again gave Pasuli blow over his neck as a result of which, he sustained severe injury thereupon (left side). Birendra Chaudhary also inflicted repeated blow over his chest. He had inflicted Pasuli blow over Ramjiee Chaudhary causing injury at his left intercostal region, fingers of right hand, below right eye. He had also assaulted his wife Chinta Devi. When villagers assembled on an alarm, he succeeded in his escape. Then, thereafter, they were lifted to hospital.
(3.) After registration of Tekari P.S. Case No.68/2006 on the basis of the aforesaid written report, investigation commenced and after concluding the same, charge sheet was submitted facilitating the trial which ultimately concluded in a manner, subject matter of instant appeal.