- (1.) This appeal has been preferred by the appellant, namely, Manoj Kumar Goswami, who stood convicted under Sections 307 of the Indian Penal Code and was ordered to go rigorous imprisonment for three years vide judgment dated 27.11.2002 passed in S. T. Case No. 67/250/95 by Sri R.K. Srivastava, learned Additional Sessions Judge, F.T.C.3rd, Bokaro.
(2.) The case of the prosecution, as has been recorded in the fardbeyan of one Sandeep Kumar Pandey (P.W.4) by A.S.I, B.B. Tiwari of SectorIV Police station on 30.09.1993 at 10.00 Hrs. at B.H.G. Emergency Ward, Bed No.5 alleging that on 30.09.1993 the informant along with his friend have gone to Gaytri Mandir, Balidih to play cricket. At about 3:30 P.M. heavy rain occurred thereafter, they went to nearby liquor Bhathi and were sitting on the cot. In the meanwhile, Manoj Kumar Goswami (appellant) came and sat on that particular cot which was resisted by the informant, thereupon some hot exchange of words took place. Manoj Kumar Goswami started to abuse and went to his house. After sometime rain stopped, the informant along with his friend namely, Vijay Goswami, Lalan Singh, Satyendra Singh, Ranjeet Pandey and Vinod Goswami proceeded to the house and reached nearby Gaytri Mandir. The appellant, Manoj Kumar Goswami who was carrying acid came near him and threw on the body of the informant, consequent thereupon the informant got some burn injury on the left hand and back side on his kanpatti and thereafter he fell on the ground.
(3.) On the basis of these allegations, Balidih P.S. Case No. 66 of 1993 dated 02.10.1993 was instituted under Sections 326/307 of the Indian Penal Code. It appears that the charges in this case was framed on 21.07.1998 under Section 307 and 326 of the Indian Penal Code against the appellant thereafter, trial proceeded and during course of trial, the prosecution has examined altogether eight witnesses namely, P.W.1 Akil Prasad Mahatha, who is the formal witness who has proved the fardbeyan, P.W.2 Ranjeet Kumar Pandey, associate of the informant, P.W.3 Satyendra Kumar Singh, son of associate of the informant, P.W.4 Sandeep Kumar Pandey, informant himself, P.W.5, Bijay Goswami, who was declared hostile, P.W.6 Vinod Goswami, who was also declared hostile, P.W.7 Dr. Abhay Kumar Rohtagi, who issued injury report of the informant, P.W.8 Arun Chandra Sen, who has proved formal F.I.R lodged by the Investigating Officer. The Investigating Officer has not been examined. Learned trial Court on the basis of the evidences held the appellant guilty.;