MITHU PASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.11.2002 passed by Additional Sessions Judge, F.T.C.-1 . Deoghar in S.C. Case No. 34 of 1997/55 of 2002 whereby and whereunder appellants were convicted under section 326, 341, 504 read with section 34 of the IPC and sentenced to undergo R.I. for ten years under section 326/34 IPC and directed to pay fine of Rs. 2000/- each. Appellants were further sentenced to undergo S.I. for three months each for the offences under sections 341 and 504 read with section 34 of the IPC.

(2.) The case of prosecution, in short, is that on 27.11.1996 in the evening at about 7 p.m., appellants were abusing informant's father. It is further alleged that when forbed them, on the instigation of appellant no. 1, appellant no. 2 inflicted knife blow on the abdomen of informant. It is further stated that on hulla, informant's brother Chhaku Pasi and Jhunjhun Pasi arrived, thereafter appellants fled away. It is further stated that informant was brought to hospital, where he was medically treated by the doctor.

(3.) On the basis of fard beyan of informant, Mohanpur P.S. Case No. 235 of 1996 under section 341, 342, 324, 504/34 of the IPC instituted and police took up investigation. After investigation, police submitted charge sheet against the appellants under sections 341, 342, 326, 307, 504/34 of the IPC. After cognizance, the case committed to the court of sessions as the offence under section 307 of the IPC is exclusively triable by the court of sessions.