SATISH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dtd. 30/9/2003 passed by the Court of Additional District and Sessions Judge, Fast Track Court-IV, Bokaro, in S.T. No.131 of 2002, by which the sole appellant Satish Mandal was convicted for the offences punishable under Ss. 307 and 504 of the IPC and he was sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 307 of the IPC and imprisonment of one year for the offence punishable under Sec. 504 of the IPC and both the sentences were directed to run concurrently.

(2.) The prosecution case has arisen on the basis of the fardbeyan of Bhim Mandal, son of Ratu Mandal of village Narayanpur, P.S. Pindrajora in the district of Bokaro. The informant Bhim Mandal alleged in the said fardbeyan that on 12/9/2001 at about 7:30 am in the morning, Smt. Tuku Devi, wife of the sole appellant Satish Mandal was plucking the ladyfinger (vindi) in the field of the informant. Thereupon the wife of the informant intercepted her and asked her as to why she was plucking the said vegetable vindi from her bari (Agriculture Field) and both the wife of the informant and wife of the accused started quarrelling over the matter. At that time, the informant Bhim Mandal was busy in plantation of the Banyan tree in his bari (Agriculture field). He heard the abusive languages of the accused and rushed towards his khaliyan and asked Satish Mandal(Appellant) as to why he was taking side of his wife in the dispute between the ladies. Appellant Sastish Mandal inflicted Tangi blow on the head of informant Bhim Mandal causing bleeding injury. Bhim Mandal fell down on the ground and became unconscious. He was taken to hospital for treatment. His fardbeyan was recorded before A.S.I. R.S. Singh of Pindrajora P.S. Dist. Bokaro at Ideal Nursing Home, Chas Purlia Road on the same day at about 13 hours. The fardbeyan of informant Bhim Mandal was attested by two witnesses namely Praful Mandal and Mutuck Mandal.

(3.) After commitment, the charges were framed by the learned court below on 4/6/2002 for the offences punishable under Ss. 323,324,341/307/504 I.P.C. and after trial, the learned court below passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.