FALGUNI MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned APP for the State.

(2.) The instant criminal revision is directed against the judgment dtd. 30/1/2016 passed by learned Additional Sessions Judge, 1st, Deoghar in Cr. Appeal No. 46 of 2012, whereby the judgment of conviction and order of sentence dtd. 18/4/2012 passed by learned Judicial Magistrate, 1st Class, Madhupur, Deoghar passed in G.R. No. 87 of 1999 arising out of Madhupur P.S. Case No. 41 of 1999, by which petitioner was held guilty and convicted for the offence punishable under Ss. 325 and 342 of the I.P.C. and sentenced to undergo R.I. for three years along with fine of Rs.1000.00, for the offence under Sec. 325 I.P.C. and sentenced to undergo S.I. for six months for the offence under Sec. 342 I.P.C., with default stipulation, has been maintained and confirmed by the appellate court extending benefit of doubt to other co- accused persons / appellants.

(3.) The factual matrix giving rise to this revision is that on 2/3/1999 at about 12: 00 noon, the informant Shyam Lal Mandal was returning to his house from the pond after bathing the buffalos and when he reached near mill of Falguni Mandal (petitioner), meanwhile, Falguni Mandal (petitioner) and Arun Mandal surrounded him and when he started escaping, Binod Mandal, Tuntun Mandal and Parmod Mandal caught hold of him and Binod Mandal inflicted a farsa blow on his head caused grievous injuries and Falguni Mandal (petitioner) assaulted with an iron rod on his head and leg caused injuries near the elbow and right hand, due to which the informant fell down in unconscious state. The injured was brought to hospital and he was examined by Dr. Ramesh Kumar, who found following injuries on his person: Lacerated wound on left parietal bond size 10 Cm. X 1/2 Cm X Scalp Deep, Diffuse swelling of 3 Cm. Diameter, on left hand at the function of 2 / 3 and 1 / 3 of radial bone. X-ray was done and X-ray elicits fracture of radius and ulna bone and diffuse swelling of left leg 3 Cm, Diameter near ankle joint and X-ray elicits fracture in lower fibula and tribia.