MD. JAHANGIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal arises out of judgment of conviction and order of sentence dtd. 20/7/2010 and 22/7/2010 respectively passed by the learned Sessions Judge, Godda in Sessions Case No. 115 of 2009 whereby and where under appellant was convicted under sec. 307 of IPC and sentenced to rigorous imprisonment for 4 years and fine of Rs.2,000.00 and in default of fine amount appellant was to further undergo simple imprisonment for one month. The period undergone by the appellant was ordered to be set-off.

(2.) The prosecution case, in brief, as per the fardbayan dtd. 20/2/2009 of the informant Parvej Yusuf (PW-6) is that on 19/2/2009, on occasion of 'Chehallum' game was organised in the field of Urdu Middle School, Kaswa and informant had gone there. At about 7:30 pm when informant was returning to his home, appellant Jahangir of his village, with an intention to murder the informant, assaulted the informant on his neck with a broken portion of mercury tube light. Informant in order to save himself bent down his head as a result tube hit the head of the informant causing an injury on his head. Blood oozed out and the informant became senseless and fell down.

(3.) On the basis of the fardbeyan of the informant Mehagama P.S. Case No. 18 of 2009 dtd. 20/2/2009 was registered under Sec. 341, 323 and 307 IPC. Charge sheet was submitted under Sec. 341, 323 and 307 of IPC and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the appellant under Sec. 307 and 341 of IPC and trial was held. At the conclusion of the trial appellant was convicted and sentenced as aforesaid. Hence, this appeal.