STATE Vs. MARIYANUS KERKETTA

JUDGEMENT

(1.) THIS appeal is directed against judgement and order of acquittal of the respondent/accused passed by the learned Judicial Magistrate First Class, at Mayabunder Court, North and Middle Andaman in GR case No. 782 of 2008 on December 3, 2014, holding that the respondent is found not guilty of the charge under Section 326, IPC.

(2.) THE respondent herein faced trial in connection with a charge under Section 326, Indian Penal Code framed against him on 24th September, 2008.

(3.) BEFORE adverting to the merits of the case, the prosecution case at a glance as propounded in the FIR/Frad Bayan (Exhibit No. 1) is that the respondent, who was residing at the house of the informant Susena Uraon, had quarrelled with her in the evening of 16.08.2008. It is alleged that at that point of time the respondent/accused tried to assault on her neck with a. 'dao ', she snatched the same from his hand and went to the shop of one Muniyandi and narrated the incident there to the latter 's wife. Further case is that thereafter between 7 and 8 p.m. when she was about to take her dinner, the respondent, all of a sudden, struck on her head with a /dao '. She sustained severe injuries with profuse bleeding and was taken to Tugapur PHC.