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2012 Supreme(Pat) 1690

MANDHATA SINGH
Ram Sewak Das – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
M/s Yogendra Kumar, Dr. M. K. Gautam, R. N. Rai, Manish Kumar No. 13, For the Appellant; Mr. Ajay Mishra, For the Respondent.

Mandhata Singh, J. – Statement/Fardbeyan of Jamun Das P.W.7 has been made basis for the F.I.R. which, in short, is that in the intervening night of 23/24 of July, 1992 at about 12.30 AM the informant arose hearing alarm/hue and cry of his brother Shyamdeo Das and sister-in-law Domani Devi, came out of the room along with his wife, saw accused appellant Ram Sewak Das, Dhrub Das and Tahal Das in his veranda assaulting his brother Shyamdeo Das and sister-in-law, caught wrist of accused Dhrub Das with dagger which he was intending to use. On his attack he left his hand, took a Danda with a view to defend himself. Accused appellant Ram Sewak Das hurled a bomb on him causing injuries on his head, both hands and back. Some one of accused persons was calling his nephew Ramashray Das but he did not come out.

2. Difference in between the parties was on the point of calling accused appellant’s mother Dyne.

3. The trial ended in conviction and sentence to accused appellant only for the offences under Section 307 of the Indian Penal Code and Section 3/4 of Explosive Substances Act.

4. In all seven witnesses are examined in the case and they are P.W.1 Ram Ashray Das, P.W.2 Ram Shresth Das, P.W.3 Fe

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