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2013 DIGILAW 1438 (PAT)

Tilak Das v. State of Bihar

2013-12-11

ANJANA PRAKASH

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JUDGMENT Smt. Anjana Prakash, J. The appellant has been convicted under Sections 307 and 323, IPC and sentenced to R.I. for seven years and six months respectively by the 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No. 133 of 1993/13 of 2000 by a judgment dated 5.2.2001. 2. The case of the informant Shiv Paswan is that about four days ago, the appellant Tilak Das had purchased a hegoat from the informant for a consideration amount of Rs.50/-. When the informant asked him for payment, he deferred the matter. When he once again demanded, the co-accused caught hold of the informant on the order of the appellant and he himself gave him a lathi blow on his head causing lacerated and bleeding injury. The appellant also inflicted a dagger blow on the right side of stomach of Rajeshwar Sah. A number of persons gathered there upon alarm and took the informant and injured Rajeshwar Sah to the Hospital. 3. During Trial, the prosecution examined six witnesses. Out of whom, PW 5 Shiv Paswan is the informant. He supported the entire story of purchase of he-goat by the appellant and on his refusal to pay money for the same an altercation took place and then the appellant assaulted him with lathi. When Rajeshwar Sah intervened and snatched the lathi of the appellant, the appellant took .out a dagger from his pocket and inflicted a dagger blow on his stomach. 4. PW 3 Rajeshwar Sah, who was the injured in this transaction, supported the version of the Informant in all material particulars. He further stated that on the date of occurrence the appellant had refused to pay the price of the he-goat, he had purchased from Shiv Paswan, which had led to an altercation. While Raja Raut and Munna Mandal caught Shiv Paswan, the informant on the orders of Tilak Das, he himself inflicted a lathi blow on his head causing injury there and also a fracture on his right hand. When the informant Shiv Paswan came running to his shop the three accused persons also came after him and when he stopped them from assaulting any further the appellant took out a dagger from the pocket and inflicted a blow on his stomach causing bleeding injuries. He admitted that he had no enmity with the accused persons from before. 5. When the informant Shiv Paswan came running to his shop the three accused persons also came after him and when he stopped them from assaulting any further the appellant took out a dagger from the pocket and inflicted a blow on his stomach causing bleeding injuries. He admitted that he had no enmity with the accused persons from before. 5. PW 1 Singheshwar Paswan and PW 2 Ram Autar Sah are the next eye-witnesses, who stated that they reached the place of occurrence while they were going to the market and saw the incidents. There is no major contradiction in their evidence. PW 4 Navin Chandra Mishra is the Investigating Officer of the case, who supports the case of the prosecution. PW 6 is Dr. Mehdi Hassan, who examined the informant and Rajeshwar Sah. He found one lacerated wound over the left parietal region on head of the informant and a swelling with tenderness over the left parietal region on the head of the informant and tenderness over the right forearm just above the wrist. He reserved the opinion of the nature of injuries on the basis of X-ray report but the same was never placed before him. He also found one injury of stabbing wound over the right side of lower abdomen 3" x 1" x deep to the abdominal cavity and there was profuse bleeding from the wound and due to cutting of the peretonium, there was protrusion of the omentum through the wound, on account of which the condition of Rajeshwar Sah was serious. He was of the opinion that the injury was grievous in nature. 6. On a fair analysis of the evidence adduced on behalf of the prosecution, I find that apart from ocular consistent eye-witness account even the doctor has corroborated the manner of occurrence. However, the manner in which the occurrence took place leaves one in doubt as to whether the appellant had the intention to cause the death of PW 3. In my opinion, since PW 3 was assaulted only when he had intervened, the assault seems more with intent to thwart his action of stopping them from further assaulting the informant. He was suddenly assaulted on the spur of the moment. Hence no offence under Section 307, IPC is made out. In my opinion, since PW 3 was assaulted only when he had intervened, the assault seems more with intent to thwart his action of stopping them from further assaulting the informant. He was suddenly assaulted on the spur of the moment. Hence no offence under Section 307, IPC is made out. Hence, relying on the ocular and expert evidence even while dismissing the appeal for the reasons stated above, the conviction of the appellant is converted to one under Section 326, IPC and sentence is reduced to one already undergone by him during trial. In the result, the appeal is dismissed with the aforesaid modification in sentence. Appeal dismissed.