MAHADEO ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 20.12.2005, passed by Sri Anand Kumar Gupta, learned Additional District & Sessions Judge -II, Gumla, in Sessions Trial No. 254 of 2003, whereby and where under the appellant has been convicted for the offence punishable under Section 304 Part II of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 1,000/ - and failure to deposit fine would lead to further simple imprisonment for three months.

(2.) THE prosecution story as would appear from the FIR instituted by the informant -Bala Oraon is to the effect that when the appellant was assaulting his wife on 28.05.2003 at about 8 P.M., the informant tried to intervene, at which the appellant assaulted him on the head by means of a ''khukhri ''.

(3.) UPON investigation, finding the case to be true, chargesheet was submitted and after taking cognizance, the case was committed to the Court of Sessions, where the charge was framed on 10.02.2004 for the offence punishable under Section 302 of the Indian Penal Code. The charge was read over to the appellant, to which he pleaded not guilty and claimed to be tried.