LONGRA PAWARIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction dtd. 19/1/2011 and order of sentence dtd. 21/1/2011 passed in Special Case No.36 of 2007 by the learned 1 st Additional Sessions Judge, Rajmahal, District Sahibganj whereby the learned court below had convicted the appellant for the offence under Sec. 326 of the Indian Penal Code and sentenced with rigorous imprisonment of six years and a fine of Rs.1,000.00. In default of payment of fine the appellant/convict was directed to undergo additional simple imprisonment of three months.

(2.) The brief facts of prosecution case leading to this criminal appeal are that the informant Pandu Hembram had given the written information with these allegations that on 22/6/2006 in the morning he alongwith Somai Hembram, Saiba Hembram, Fudan Hembram and others had gone for hunting in the hillock and hunted one wild cat (banbillar). They brought the wild cat and in preparing Khichri in the night, at about 11:30 O'clock, Longra Pawaria and Baijul Murmu came at the place where the Khichri was being prepared. They demanded their share in the Khichri while they had not participated in the hunting of the wild cat. On this issue, altercation took place, both the accused abused the informant and when the informant forbaded then Baijul Murmu assaulted him with the fist and slaps. Longra Pawaria gave a knife blow in his abdomen whereby the informant Pandu Hembram sustained injury in left side of his abdomen. The persons who were present at the place of occurrence made effort to catch hold of the accused person but both the accused managed to flee away from there. On this written information, P.S. Case No. 0033 of 2006 on 23/6/2006 was registered under Sec. 341, 323, 504, 324, 307 r/w 34 of IPC against the accused Longra Pawaria and Baijul Murmu with the police station Ranga.

(3.) The investigating officer after completing the investigation filed charge-sheet against both the accused for the offence under Sec. 341, 323, 504, 324, 307 r/w 34 of IPC in the court of the learned ACJM, Rajmahal who took the cognizance on the charge-sheet and the offence being triable by the court of session was committed to the court of learned Sessions Judge, Sahibganj for trial.