MANSHA KARMAKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 23.12.2002, passed by Additional District and Sessions Judge, F.T.C. No. 1, Jamshedpur, East Singhbhum in Sessions Trial No. 758 of 1994 [Mango P.S. Case No. 85/1994 corresponding to G.R. No. 689/1994], whereby and whereunder, the appellant has been held guilty for the offence punishable under Section 324 of the Indian Penal Code and sentenced to undergo R.I. for three years.

(2.) The facts revealed from the Fardbayan of the informant Babu Ram Giri is that some altercation took place between the family of the appellant and the informant on the point of fetching water from a handpump situated near their houses. It is alleged that the informant reached the place of occurrence after hearing 'hulla' where he was assaulted by means of sharp cutting weapon by the appellant on the instigation of Kalia Karmakar. The informant sustained injuries on his head and fingers of his hand. The Fardbayan of the informant was recorded on 19.4.1994 at 19:30 hrs. at NH-33.

(3.) On the basis on Fardbayan, Mango P.S. Case No. 85/1994 corresponding to G.R. No. 689/1994 for the offence under Sections 341, 323 and 324 of the Indian Penal Code against Mansa Karmakar and Kalia Karmakar was registered.