UMESH MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner Umesh Mahato has filed this revision application against the judgment dtd. 13/10/2015 passed by Shri Girish Chandra Sinha, Additional Sessions Judge-I, Seraikella in Criminal Appeal No. 94/2012, whereby and wherein, the learned Additional Sessions Judge-I, Seraikella dismissed the appeal of the petitioner and confirmed the judgment of conviction and order of sentence dtd. 4/7/2012 passed by Shri A. Kachhap, learned Judicial Magistrate, 1st Class, Seraikella in G.R. No. 51/2010 arising out of Rajnagar P.S. Case No. 01/2010, holding the petitioner guilty of the offences under Sec. 323 and 341 I.P.C and thereby sentencing him to undergo S.I for one month for the offence under Sec. 341 I.P.C and S.I for six months for the offence under Sec. 323 I.P.C. Both the sentences were ordered to run concurrently.

(2.) Prosecution case was instituted on the basis of the written report of the Informant Manoj Kumar Mahato alleging therein that on 15/1/2010 at about 5.00 pm, petitioner had assaulted his four year old son Umesh Mahato, due to which, he fainted.

(3.) In order to prove its case, prosecution has adduced both oral and documentary evidence. Both the learned Trial Court as well as learned Appellate Court have come to a concurrent finding regarding the guilt of the petitioner for the offences under Sec. 341 and 323 I.P.C.