MAHADEO RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dtd. 11/8/2011 and order of sentence dtd. 16/8/2011 passed in S.T. No.436 of 2006 arising out of Karra P.S. Case No.18 of 2006 corresponding to G.R. No. 209 of 2006 by the learned 1st Additional Judicial Commissioner, Khunti whereby the learned court below had convicted the appellant for the offence under Sec. 307 of the Indian Penal Code and sentenced with rigorous imprisonment of five years and a fine of Rs.3,000.00. In default of payment of fine the appellant/convict was directed to undergo rigorous imprisonment of three months.

(2.) The brief facts leading to this criminal appeal are that the informant Tulsi Ram had given the written information with these allegations that on 13/4/2006 all have gone to sleep after having taken food in night. In the intervening night of 13/4/2006 at 2 O'clock the informant felt pain in his stomach and he went out of the house to respond the call of nature in the nearby bari. When he came back to his house Mahadeo Ram, son of late Lakhan Ram armed with tangi came and assaulted him. First blow was given by Mahadeo Ram on his head which was resisted by him and he sustained injury on his left hand. He shouted for rescue but the accused continued to assault with tangi which hit on his head, on his left elbow, right thigh. In the meantime, his brother Kalinder Ram, his son Ashok Kumar and his father attracted there and the accused fled away. In injured condition, he was carried to Khunti hospital. From there he was referred to RIMS. It appeared that because the food was not given to Mahadeo Ram for some days by the informant, therefore he had made attempt to commit murder of informant. On this written information, the Case Crime No. 06 of 2006 was registered under Sec. 307 read with 324 of IPC against the accused Mahadeo Ram. The investigating officer after concluded the investigation filed charge-sheet against Mahadeo Ram for the offence under Sec. 307 and 324 of IPC to the concerned Magistrate. The court of Magistrate took cognizance and committed this case for trial to the court of sessions.

(3.) The Court of Additional Judicial Commissioner-III, Khunti framed charge against the accused for the offence under Sec. 307 and 324 of IPC. The charge was read over and explained to him who denied the charge and claimed to face the trial.