DURGA HAZRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26th October, 2002, passed by Sri R.K. Srivastava, Addl. Sessions Judge, F.T.C III. Bokaro, in Sessions Trial No. 119 of 1996, by which judgment, the Appellants have been convicted under Sections 307 / 452 / 148 / 149 / 324 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years for the Section 307, 3 years rigorous imprisonment for Section 452, one year rigorous imprisonment under Section 148/149 of the Indian Penal Code and one year rigorous imprisonment under Section 324 of the Indian Penal Code.

(2.) It is submitted by learned Counsel for the Appellants that in the instant case, the prosecution has failed to bring the FIR on record since the I.O. was not examined nor the Fardbean was proved, only the informant proved his L.T.I. on the Fardbeyan. Moreover, even the injury report and the Doctor, who examined the injured person, was also not examined in this case.

(3.) In that view of the matter the convictions of the Appellants under Section 307 or 324 is bad in law and fit to be set aside in absence of injury report. It cannot be said as to whether the injured person, P.W.9-Bashu Hazra has received any injury by tangi and whether injured was serious in nature and was sufficient to cause death or not and as such, the finding of the trial court and convicted the Appellants under Sections 307 or 324 of the Indian Penal Code is bad in law and fit to be aside.