JITESH @ TIE Vs. STATE

JUDGEMENT

(1.) ON 19th December, 2008, Vinod, son of Tilkheshwar Rai, aged about 35 years was admitted in Jai Prakash Narayan Hospital in injured condition, having been taken by his brother Baij Nath. The information in this regard was given by Duty Constable in JPN Hospital to the Police Station and was recorded there vide DD No.5A. Copy of the DD was given to SI Bihari Lal of the said Police Station for investigation. When the Investigating Officer reached the Hospital, he found Vinod admitted there and recorded his statement. The injured Vinod told the Investigating Officer that he was a rickshaw puller and on that date at about 4.30 A.M., when he was taking tea sitting on a bench with his cousin Baij Nath, a young boy came there and asked him to sit on that bench. When the complainant said that they also were taking tea, the aforesaid young boy got angry, caught him by neck, slapped him saying that his name was Jitesh and everybody was scared of him. Jitesh then took out a knife and gave a blow on the right side of the chest of the injured as a result of which, he fell down and was taken by his cousin brother to the JPN Hospital.

(2.) THE appellant was chargesheeted under Section 307 of IPC for attempting to murder of Vinod. He having pleaded not guilty of charge, as many as eight witnesses were examined by the prosecution.

(3.) BAIJ Nath, cousin brother of the appellant, came in the witness box as PW2 and stated that on the 19th of the month, when he was present with Vinod who was taking tea at Himat Garh at Lal Tea shop, the appellant came there, slapped Vinod and made him get up from the table where he was taking tea. He further stated that when Vinod asked the appellant to let him finish the tea, the appellant got angry, caught hold of him and stabbed him with his knife in his chest. Baij Nath took Vinod to the Hospital in his autorickshaw. He further stated that on next date, the appellant was apprehended by the Police on being pointed out by him and he was interrogated by the Police. During interrogation, he stated that he could get the knife recovered and on the next day, he got recovered knife from bushes near Temple at Malkhana in Himat Garh. The witness identified his signatures on the statement Ex.PW -D/2 and also identified the knife which was used for causing injuries to the complainant.