Akshaibar Parbat vs The State of Bihar

Anjana Prakash, J.—Heard.

The Appellant has been convicted u/s 307 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years by a judgment dated 27.7.1995 passed by Sessions Judge, Gopalganj, in Sessions Trial No. 165 of 1991.

The case of the prosecution is that on 14.1.1991 at about 6.30 P.M. when the Informant had gone to see his fields, he saw the accused persons uprooted his crop and when he protested the Appellant is said to have given a Bhala blow on the chest and thumb.

The prosecution in all examined four witnesses out of whom P.W. 1 and P.W. 2 have been declared hostile. P.W. 4 is the Doctor who examined the Informant and in his opinion, both the injuries were simple in nature. P.W. 3 is the Informant himself. From the narrative given by P.W. 3, the Informant it can safely be concluded that the injury inflicted by the Appellant was certainly not to intend his death and, therefore, it is difficult to sustain his conviction u/s 307 of the Indian Penal Code. However, since corresponding injury was found by P.W. 4 on the person of P.W. 3, I am inclined to hold him guilty u/s 323 of the Indian Penal Code.

In the result, the Appeal is dismissed with modification in conviction as aforesaid and sentence to the period already undergone by him during trial u/s 323 of the Indian Penal Code.

The Appeal is dismissed with modification aforesaid.