STATE OF JHARKHAND Vs. NITYANAND PANDEY

JUDGEMENT

(1.) Respondent Nos. 1 and 2 on being tried under Sections 307/34 and 324/34, on the allegation that they inflicted injury to PW-7, Manoj Kumar, were not found guilty by the trial Court. Being aggrieved by the said judgment, the present appeal has been filed by the appellant- State of Jharkhand.

(2.) The case of the prosecution is that at about 6 p.m. on 20-8-2002 P.W. 7 went for a walk near his field. After sometime, the informant heard cries of his brother Manoj Kumar (P.W. 7) and when came out of his house, saw his brother Manoj Kumar being attacked by the respondents by Tangi and Lathi. Having received the injuries, Manoj Kumar fell down. According to him, the occurrence was witnessed not only by him, but also by P.Ws. 3, 4 and 5. It is the further case of the prosecution that thereafter, a complaint was given, which was registered as Latehar P. S. Case No. 78 of 2002 (marked as Ext. 4). The injured, according to the prosecution, was taken to the Police Station from where he was sent to the Hospital, where he was examined by P.W. 2 Medical Officer (Casulty). The doctor found the following injuries :

(3.) The investigation was taken up by P.W. 8, who after examining the witnesses and on completion of the investigation, filed the final report against the respondents.