CHANDRIKA BHUIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Present criminal appeal is directed against the judgment of conviction and order of sentence dtd. 26/9/2006 passed by learned VIth Additional Sessions Judge, (F.T.C.), Dhanbad in Sessions Trial No. 148 of 1994 / 241 of 2003, whereby and whereunder, the appellant has been held guilty and convicted for the offence under Sec. 307 of the I.P.C. and sentenced to undergo R.I. of five years along with fine of Rs.200.00 with default stipulation.

(3.) The factual matrix giving rise to this appeal is that on 2/10/1992 at about 8:00 P.M., the present appellant came to the house of the informant under drunken state in search of his wife and brother, who have taken shelter at the house of informant due to fear of the appellant. It is further alleged that the appellant started quarreling with informant's husband and also gave a knife blow on his chest with intention to kill him. The injured was brought to Central Hospital, Titatanr for treatment and thereafter, he was referred to Central Hospital, Dhanbad for better treatment, where fardbeyan of informant Sundarwa Devi was recorded by S.I. of Katras Police Station and a formal FIR being Katras P.S. Case No. 418/1992 was registered for the offence under Sec. 307 of the I.P.C.