- (1.) THE appellant was charged under section 307 of the Indian Penal Code for assaulting with Bhujali with intention to cause death of Kedar Yadav. However, after trial, the learned Sessions Judge, Sahibganj by his judgment dated 30th May, 1995, in Sessions case no. 343 of 1991 convicted the appellant under section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years holding that the charge under section 307 of the Indian Penal Code was not established rather the case under section 326 of the Indian Penal Code was established by the prosecution.
(2.) BEING aggrieved by the said judgment of conviction and sentence the appellant has preferred the present appeal. The prosecution case in short is that on 3.8.1989 in the evening at 6.15 P.M. the informant was in his house situated at Coolipara P.S. Sahibganj. He saw that two small children were abusing him, at this he objected and gave a slap to one of the child, who was the niece of the appellant, Kailash Paswan. The said girl informed the accused and his wife about the said incident and thereafter the appellant came to the house of the informant with Bhujali and assaulted him with the same causing injuries on his head. Soon thereafter the informant rushed to the hospital where he was treated by the Doctor and there itself his fard beyan was recorded by the police. Fard beyan was containing the signature of two witnesses namely Kishori Yadav (Ext 2/3) and Om Prakash Ram (Ext 2/1). On the basis of the fard beyan (Ext. 2) the F.I.R. (Ext. 1) was registered and after completion of the investigation the police submitted the charge sheet under section 307 of the Indian Penal Code against the appellant.
(3.) IN order to establish the charge prosecution examined altogether seven witnesses. Out of whom, P.Ws. 3 and 4, who are signatories of the Fard beyan, have deposed as eye witnesses to the occurrence. P.Ws. 1 and 2 are the formal witnesses who have proved Exts. 1 and 2 respectively. P.w. 5 is the Informant. P.W. 6 is the Investigating Officer. P.W. 7 is the Doctor who examined the injury on the person of the informant and proved his injury report. The material witnesses are P.Ws. 3, 4 and P.W. 5 i.e. the informant.;