CHANDRESHWAR NONIA @ CHANDESHWAR NONIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present criminal Revision Application has been directed against the judgment and order of Constitution passed by Sri Rai Satish Bahadur, Additional Sessions Judge, FTC II, Dhan -bad in Criminal Appeal No. 171/1996 on 15.10.2004 whereby and whereunder the appeal of the petitioner was dismissed confirniing the judgment and order passed by Sri Surendra Prasad Pandey, Judicial Magistrate, 1st Class, Dhanbad in G.R. No. 2872/1985 corresponding to T.R. No. 700/1996 on 28.11.1996 and the sentence awarded to the petitioner under Sections 323 and 325, IPC of one year rigorous imprisonment with fine of Rs. 1,000/ - and simple imprisonment for three months respectively with stipulation on default was confirmed.

(2.) BRIEFLY stated, the prosecution story which stands narrated in the statement of the informant Bimla Devi before Chirkunda police recorded on 9.10.1985 was that the petitioner Chandreshwar Nonia @ Chandeshwar Nonia had put a wrist watch in the possession of the husband of the informant some two months ago of the alleged date of occurrence. On the date of occurrence he came to the house of the informant in absence of her husband and demanded the wrist watch to which she explained that her husband had been to the market to bring grocery. Upon such explanation the petitioner became furious and he started abusing, to which she opposed and it is alleged that the petitioner pinned her down by holding her hair and assaulted with brick on her nose as a result of which she sustained injuries in her nose and there started bleeding. On alarm her mother - in -law came and rescued her from being more assaulted. When her husband arrived at the scene from the market she narrated the occurrence to her husband. Before such narration of the occurrence to him, while her husband was returning with the grocery the/petitioner Chandreshwar Nonia @ Chandeshwar Nonia along with his brother Bishnu Nonia pulled her husband down on the earth and assaulted him with fists. The occurrence was intervened and pacified by the witnesses. The informant was taken to the police station on Riksha where she delivered her statement by narrating the occurrence. Upon such statement Chirkunda P.S. Case No. 184/85 was instituted against the petitioner Chandreshwar Nonia @ Chandeshwar Nonia and another Bishnu Nonia. Tfee police after investigation submitted chargesheet against both the accused including the petitioner herein for the offence under Sections 341, 325 and 323, IPC. In course of trial since the co -accused Bishnu Nonia did not appear and it was reported that he was dead, a report was called for from the Officer -in -Charge of the police station concerned. The report could not be placed for long and hence the trial of Bishnu Nonia was split up by the order dated 16.5.1996. After full trial the petitioner Chandreshwar Nonia @ Chandeshwar Nonia was convicted for the charge under Sections 325 and 323, IPC with substantial sentencee and fine as referred to above.

(3.) HE further submitted that PW 1 Prasidh Singh was the formal witness who proved the signature of the Officer -in -Charge, Chirkunda Police Stanton on formal FIR. PW 4 Dr. Vijay Kumar Sinha proved the injury report of the informant Bimla Devi, Ext. 2. In the instant case the material witnesses are only the informant and her husband and no other independent witness was produced on behalf of the persecution. The mother -in -law of the informant though an important witness of the alleged occurrence has not been produced in the witness box for the reasons best known to the prosecution. Similarly it was alleged that PW 3 Ganga Paswan i.e. the husband of the informant was also rescued by several persons of the locality but none of such persons was examined on behalf of the prosecution.