NILAMBER VAID Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment dated 5-9-2002 passed by Sri. C.Tanti, 4th Additional Sessions Judge, Dumka in S.C. No. 180 of 1998/ 06 of 2002 by which the sole appellant was held guilt for the charge under Sections 323 of the Indian Penal Code and was released on executing probation bond of Rs. 4,000/- wijth two sureties with the direction to maintain peace and be of good behaviour for a period of two years under the provision of Section 4 of the Probation of Offenders Act.

(2.) THE prosecution story in short was that on 14-7-1997 while the informant Shaligram Vaid was doing cultivation work in the field at, about 11 a.m. by ploughing his land, in the meantime, his cousin sister Sahodra Devi (co-accused )came and asked, as to why he had, cut the ridges of her field which resulted into altercation between them which was intervened by the appellant Nilamber Vaid who snatched the spade from the hands of the informant and inflicted injury on his head as a result of which the informant fell down on the earth on sustaining injury. THE informant was removed by his younger brother Deonarayan Vaid to Jarmundi Hospital where he was treated. THE accused escaped after assaulting the informant taking away his spade. On the statement of the informant Jarmundi P.S.Case No.86 of 1997 was registered on 14-7-1997 for the offence under sections 341/323/324/307 of the Indian Penal Code against the appellant Nilamber Vaid and his wife Sahodra Devi. Admittedly, the appellant is the husband of the cousin Sahodra Devi of the informant Shali-gram Vaid. After investigation charge sheet was submitted for the alleged offence under sections 323/ 324/307 of the Indian Penal Code against both the accused and thereafter the case was committed to the court of Sessions.

(3.) P.W. 1 Ramprasad Vaid was not the eyewitness of the occurrence but claimed having seen blood oozing out from the head of the informant. P.W.2 Govind Prakash Rakesh, P.W.3 Chamaklal Vaid and P.W.4 Bhuwneshwar Vaid were also not the eye-witnesses of the occurrence and they were consistent by claimed having seen the blood oozing out from the head of the informant and learnt about altercation which took place between Sahodra Devi and Shaligram Vaid which was interfered by the appellant Nilamber Vaid and that the latter assaulted the informant with spade. Their testimony was based upon hearsay.