MANOJ SHAW @ MANOJ SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr. Revision is directed against the order impugned dated 9.11.2009 passed by the Additional Sessions Judge, F.T.C.-III, Dhanbad in Sessions Trial No. 508 of 2008 arising out of Jharia P.S. Case No. 260 of 2008 by which the petition filed on behalf of the petitioner under Section 228(1 )(a) of the Code of Criminal Procedure for the discharge of petitioner under Section 307 I.P.C. and to transfer the record to the C.J.M. for trial of the petitioner as warrant trial case was dismissed.

(2.) The prosecution story in short was that there was land dispute between the parties when the accused persons were digging out earth from the lane it was objected by the informant Ram Karan Jaiswal which resulted into exchange of words and altercation. In course of altercation, it was alleged that the petitioner-Manoj Shaw @ Manoj Sah caught hold the informant and asked his father Ramayan Shaw to assault the informant and pursuant thereof it was alleged thet the father of the petitioner Ramayan Shaw brought a "Katta" (heavy sharp cut weupon) and dealt indiscriminate blows causing injuries on the informant at three places. On the alarm there being raised by the informant, the witnesses arrived at the scene and the accused escaped after throwing "Katta" at the land. The informant was removed to hospital where he was treated.

(3.) Learned Counsel has assailed the order impugned on the ground that it was not the allegation against the petitioner that he had assaulted or had used any sharp cut weapon against the informant except that he had caught hold the informant. The allegation that he asked his father to assault and kill the informant was super addition except that there held altercation only. It would be evident from the injury report that all the three injuries that were found on the person of the informant were lacerated in nature of small dimension viz: (i) Lacerated wound over left forearm 3"x "x' ". (ii) Lacerated wound over left side of the abdomen 1"x 1"x1/2". (iii) Lacerated wound over left side of the chest 1"x1"x1/2".