RAGHUNATH DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shree Nivas Roy, learned amicus curiae appearing for the appellant as well as Mr. Bishambhar Shastri, learned Addl. P.P. appearing for the State.

(2.) This criminal appeal is directed against the judgment of conviction and order of sentence dtd. 6/9/2007 passed by learned 5th Additional Sessions Judge, Giridih in Sessions Trial No. 46 of 2003 (G.R. Case No.323 of 2001), whereby and whereunder the appellant has been convicted for offences under Ss. 323/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment (R.I.) for six months and further convicted under Sec. 307 of the I.P.C. and sentenced to undergo R.I. for seven years. Both the sentences are directed to run concurrently.

(3.) Factual matrix giving rise to this appeal is that on 24/2/2001 at 7:00 P.M., the informant's husband, Benu Das, as soon as he returned home from the market then an unknown person threw a stone into his house, upon stepping outside, he saw the accused Raghunath Das (appellant) and inquired about the incident. This led to a verbal altercation, during which Raghunath Das instructed his wife to bring an iron rod. After receiving the rod, the appellant struck Benu Das on the head with an intention to kill him, causing severe injuries that rendered him unconscious due to excessive bleeding. Subsequently, Kunti Devi, who was present on the spot, intervened and snatched the rod from Raghunath Das.