Girija Dusadh vs The State of Bihar

Anjana Prakash, J.—The Appellant has been convicted under Sections 307, 326 and 323 IPC and sentenced to RI for seven years, three years and one year respectively by the 1st Additional Sessions Judge, Bhabhua in S. Tr. No. 489 of 1990/95 of 1992 by a judgment dated 07.08.1994.

The case of the prosecution is that on 04.10.1989 while the father of the informant was going to tend to her cattle the accused persons assaulted her with a small "Danda".

The prosecution examined four witnesses in support of the prosecution case out of whom P.W. 1 is the hearsay whereas P.W. 2 is formal, P.W. 3 is the informant whereas P.W. 4 is the Doctor who examined the injured and found two bruises on the person of the injured. Incidentally, the two witnesses who intervened and were also injured in the transaction were not examined during trial.

It appears that even though the occurrence has taken place on 04.10.1989 report of the same was made much later on 05.10.1989 at 4.15 P.M. and the prosecution has not offered any explanation for the delay. Further even though the case of the prosecution was that the injured was assaulted twice by lathi only one injury was found on her person. I also find that independent witnesses have not been examined during trial who were part of the prosecution case and in absence of the same it is difficult for this Court to hold that the prosecution has proved its case beyond all reasonable doubt.

In view of the discussion mentioned above, the appeal is allowed and the judgment dated 17.08.1994 passed in S. Tr. No. 489 of 1990/95 of 1992 by the 1st Additional Sessions Judge, Bhabhua is set aside. The Appellant is discharge of the liability of his bail bond.