SITARAM MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 25.09.20003 passed by the learned Addl. Distt. and Sessions Judge, First Track, Court No. 1, Jamshedpur, East Singhbhum in Sessions Trial No. 757 of 1994 whereby the learned trial court after finding the guilt of the accused persons for the offence punishable u/s 341/323 of IPC and sentenced to them to undergo R.I. for a period of one year for the offence punishable u/s 323 of IPC and one month R.I. for the offence punishable u/s 341 IPC. It has further been directed that both the sentences would run concurrently.

(2.) Briefly stating the prosecution story as unfolded in the fardbeyan of Prasant Tiwary, whose statement was recorded by the A.S.I. Sri R.R. Prasad of Kamalpur Police Station on dtd. 5/1/1994 at 15:00 hours at village Nutandih in the District of East Singhbhum, Jamshedpur is as under:

(3.) On the basis of the aforesaid fardbeyan, F.I.R. was registered and investigation was taken up and after investigation, the police submitted the charge-sheet in this case, on the basis of which, cognizance of the offence was taken and the case was committed to the Court of Sessions. The learned trial court after concluding the trial acquitted the appellant for the offence punishable u/s 307 of IPC and found them guilty for the offence punishable u/s 341/323 of IPC vide impugned judgment of conviction and order of sentence which is under challenge.