BHIM OJHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 7.9.2002 passed by Shri Gautam Mahapatra, Additional Sessions Judge, Fast Track Court No. IV, Bokaro in Sessions Trial No. 398 of 1994, by which judgment he found the Appellant guilty under Sections 341 and 324 of the Indian Penal Code and has been sentence to undergo S.I. for one month under Section 341 of the Indian Penal Code and three years S.I. under Section 324 of the Indian Penal Code. He directed both the sentences shall run concurrently.

(2.) IT is submitted by the learned Counsel for the Appellant that there is no evidence that any injury was caused to the informant, Pandu Ojha. Moreover, in absence of any medical evidence conviction of the Appellant under Section 341 & 324 of the Indian Penal Code is bad in law and only fit to be set aside. Moreover, even the informant was not examined, hence the conviction is bad in law and fit to be set aside.

(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of first information report lodged by the informant, Pandu Ojha giving a Fardbeyan to the Officer -in -Charge, Chandankiyari on 11.5.90 stating therein that while he was performing the Puja for his Yajmans, Khodu Manjhi and Muktheswar Manjhi. Then, the accused, Bhim Ojha and Subal Ojha came there variously armed with Tangi and Farsa and asked the Pandu Ojha, as to why he is performing his Puja for those Manjhis, who are his Yajmans and demanded to take half Dakshina. Then, the accused persons gave him Farsa blow, causing injury and ran away.