ORAL JUDGMENT

Date: 05-11-2018

As the learned counsel for the appellant failed to appear on account thereof, Mr. Pratik Mishra, learned advocate has been requested to assist the court as an Amicus Curiae .

2. Appellant, Chandeshwar Singh has been found guilty for an offence punishable under Section 307 of the IPC and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.3000/- in default thereof to undergo S.I. for three months, additionally vide judgment of conviction dated 20.12.2008 and order of sentence dated 22.12.2008 passed by Additional Sessions Judge, Fast Track Court No.III, Vaishali at Hajipur in Sessions Trial No.427/2000.

3. Ram Sewak Singh (PW.2) gave his fardbeyan on 25.11.2000 while he was admitted at Sadar Hospital, Hajipur disclosing therein that on 24.11.2000 at about 09:30 PM while he was sitting at his Ausara (Varandah), his pattidar, Chandeshwar Singh, son of Late Sukhdeo Singh armed with sickle came and began to abuse. He also questioned why you are not withdrawing a case pending since before whereupon, he resisted as a result of which, Chandeshwar Singh inflicted sickle blow with an intention to kill. He tried to prevent the same o