(1.) The appellant has challenged judgment of conviction dated 09.01.2003 and order of sentence dated 10.01.2003 passed by 7th Additional District and Sessions Judge, Palamau at Daltonganj, whereby this sole appellant has been convicted for offence under Section 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and further directed to pay a fine of Rs. 1000/- and in default of payment of fine he was further directed to undergo S.I. for one month.
(2.) The prosecution case is based upon the fardbeyan of one Banarsi Yadav S/o Debki Yadav mentioning that, while his son Mohan Yadav was grazing his buffalo at Matkhan Gabra near village Dhawadih on 16.05.1989 at about 5.00 P.M, Tetar Mochi brother of the accused was cutting grass at the same place. The buffalo of his son grazed some grass which was cut by Tetar Mochi, for that some altercation had taken place between Tetar Mochi and son of the informant. Then suddenly this appellant who happens to be the brother of Tetar Mochi, came with a lathi and gave three blows on the head, neck and on the body of his son. His son immediately fell down and become unconscious and thereafter, he was taken to the hospital at Temagarh. The informant further submits that he was not present in the village at that point of time but this incident was witnessed by Rama Bhuiyan and others. On the basis of the said statement Lesliganj P.S. Case No. 31 of 1989 was registered under Sections 323 and 307 of the Indian Penal Code.
(3.) The police investigated the case and thereafter charge-sheet was submitted. After taking cognizance the accused was committed to the Court of Sessions.