PARMESHWAR MAHTO, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 16.01.2010 and order of sentence dated 21.01.2010 passed by the learned Additional Sessions Judge, Fast Track Court no.1, Bermo at Tenughat in S.T. No.81 of 2009 whereby and whereunder the sole appellant has been convicted under Sections 448, 354, 323 and 506 of the Indian Penal Code and sentenced to undergo R.I. for the period of one year and to pay a fine of Rs.250/- in default to undergo S.I. of one week under Section 448 of the Indian Penal Code; sentenced to undergo RI for two years and a fine of Rs.500/ and in default to undergo SI of two weeks under Section 354 of the Indian Penal Code; sentenced to undergo RI for two years and fine of Rs.500/- and in default to undergo SI of two weeks under Section 506 of IPC and the appellant was further sentenced to undergo RI of one year and a fine of Rs.250/- and in default to undergo SI of one week under Section 323 of the Indian Penal Code. The learned court below further directed that all the sentences would run concurrently and the benefit of Section 428 of the Cr.P.C. was extended to the appellant.

(2.) The prosecution case ,in brief, as per the written application dated 13.09.2008 of informant Baikunth Mahto P.W.3 is that on 10.09.2008 he had gone to Khaira Chatar market for some work leaving his wife and kids alone. In his absence, the accused Parmeshwar Mahto entered into his house and misbehaved with his wife and assaulted her as a result his wife became unconscious due to assault and also caused injury to his child. When the informant came to know about the incident, he inquired from the appellant Parmeshwar Mahto, then the appellant brought sword from his house and assaulted him with fist and slap and pointed sword on the informant's neck and threatened him not to inform at the Police station otherwise all his family will be killed.

(3.) On the basis of the fardbayan of the informant Kashmar P.S. Case No. 42 of 2008 dated 13.09.2008 was registered under sections 341, 323, 354, 448, 506/ 34 of IPC. On completion of investigation, charge sheet was submitted and the cognizance of the offences were taken and the case was committed to the Court of Sessions. Charges were framed under sections 448, 354, 304, 323 and 506 of IPC and trial was held and on the conclusion of the trial, the appellant was convicted and sentenced as aforesaid. Hence, this appeal.