MADAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of sentence dated 9-2-1994 passed by 5th Additional Sessions Judge, Dhanbad in S. T. No. 17 of 1989, whereby and whereunder the learned court below has been pleased to convict the sole appellant under Section 323 of the Indian Penal Code and has been pleased to order that the appellant shall be released on interim bond of Rs. 2,000/- with one surety of the like amount for maintaining peace and good behaviour for a period of one year.

(2.) The prosecution case in brief as alleged that on 27-4-1987 at about 9.30 a.m. when Kameshwar Mandal, Basant Kumnar and Jagdish Sharma employees of Kapasara Colliery on the orders of the officers of the Colliery were removing the articles of the old quarter of Bhagat Bhowrah, Madan Yadav having a lathi came there and started assaulting Kameshwar Mondal, who fell down sustaining the injuries. On Hulla, other employees rushed to the spot and thereafter the appellant Madan Yadav fled away. The injured Kameshwar Mondal was taken to the hospital at Mugma where he was treated and thereafter on the Fardbayan this case was registered against the appellant. After investigation the police submitted chargesheet.

(3.) The appellant appeared before the court below. Charge under S. 307, I. P. C. was framed which was read over and explained to him, to which the accused/appellant pleaded not guilty. The witnesses were examined in the court below. The defence also examined two witnesses. After hearing both sides and considering the evidence on record, the trial Court convicted the appellant under S. 323, I. P. C. only by the impugned judgment and he was released on furnishing bond of Rs. 2000/- to maintain peace for a period of one year.