SHAUKHIN CHAUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Shaukhin Chaudhary has been found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 7 years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo SI for six months, with a further direction to set of the period which the appellant had undergone during course of trial in accordance with Section 428 CrPC vide judgment of conviction dated 08.06.2015 and order of sentence dated 09.06.2015 passed by 6th Additional District and Sessions Judge, Gaya in Sessions Trial No. 249/2014 /254/2003.

(2.) Pw-3, Indradeo Raut gave his Fard-e-beyan on 23.06.2002 while he was admitted at Magadh Medical College Hospital, Gaya disclosing therein that on the eve of marriage in his Pattidari, he after finishing his job proceeded from Gaya to his house on three wheeler. At about 30 PM, he reached at Suryapura where he got down from the auto-rickshaw in a way to proceed to his village and during midst thereof, he met with Prahlad Raut and Chandeshwari Chaudhary with whom they had gone to take toddy at the shop of Shaukhin Chaudhary. He demanded toddy which was refused by the Shaukhin Chaudhary followed with verbal duel and then converted under hot altercation as well as brawl. Then thereafter, Shaukhin Chaudhary began to chase him with Fasuli and covering considerable distance, he gave two Fasuli blows causing injury over his both hands. Blood oozen out. Then on being scolded by Prahlad and Chandeshwari, Shaukhin Chaudhary escaped therefrom. Anyhow, he reached over Bodh Gaya road where he met with his co-villager, Bhondu Raut with whom he had gone to Bodh Gaya Hospital where he was treated and then, has been taken to Bodh Gaya Medical College Hospital as he became unconscious.

(3.) Aforesaid Fard-e-beyan was recorded in presence of his brother, Sunil Raut (PW 1) who stood as an attesting witness investigation of the case was taken up after registration of Bodh Gaya PS Case No. 75/2002 and after completing the same, charge-sheet was submitted whereupon, trial commenced and concluded in a manner subject matter of instant appeal.