DASRATH SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment of conviction and order of sentence passed by the learned Additional District & Sessions Judge, Fast Track Court No.I, Gumla in Sessions Trial No. 199 of 2004 whereby and whereunder the appellant has been convicted for committing offence under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

(2.) The appellant was initially charged alongwith two other coaccused Santosh Sahu & Chamu Sahu for the offence under Section 307/34 of the Indian Penal Code for assaulting Kedar Sahu the informant of this case with Tangi with common intention to cause death of Kedar Sahu but the trial court on consideration of materials and evidence on record convicted only the present appellant for the offence under Section 326 of the Indian Penal Code but found the other two accused Santosh Sahu and Chamu Sahu not guilty for the charges levelled against them and acquitted them.

(3.) The prosecution case, which is based on fardbeyan of the informant Kedar Sahu P.W.7, is that on 10.01.2004 he along with his covillagers Tempu Sahu (P.W.3) and Ram Vilas Sahu (P.W.2) were coming back to their village at about 6 p.m. after seeing Jatra fair and when they reached near the house of Dr. Sahdeo, the appellant Dasrath Sahu alongwith two other miscreants whom he does not identify, assaulted him with Tangi resulting injuries on his face with broken teeth and when his companion tried to intervene, the accused persons fled away. Thereafter, Ram Vilas Sahu (P.W.2) brought him to home. The motive for such occurrence was said to be the previous enmity and pendency of a case with Dasrath Sahu @ Guddu Sahu.