KASIM ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 16.12.2002 passed by the 3rd Additional Sessions Judge, Palamau at Daltonganj in connection with Sessions Trial Case no. 115 of 1998, corresponding to G.R. Case no. 118 of 1995 arising out of Chainpur P.S. Case no. 13 of 1995 whereby, the appellants have been convicted for the offence punishable under sections 307/34 and 380/34 I.P.C. and sentenced to undergo imprisonment for three years with a fine of Rs.1000/ -each and for the offence u/s 307 IPC and two years with fine of Rs. 1000/each - u/s 380 IPC. Both the sentences were ordered to run concurrently. In default of fine convicts are to undergo imprisonment for six months for both the offences.

(2.) The case of the prosecution as it appears from the fard -beyan of the informant Amna Khatoon PW -3 wife of Muslimuddin Ansari R/o Sonpurwa Baghandi PS Chainpur recorded on 3.2.1995 at Sadar Hospital, emergency ward, Daltonganj at 17 hours, is that, on the same day she was sitting in her grocery shop and selling the things. In the mean time above named three appellants came and demanded cigarette from her upon which she replied that cigarette is not available in her shop upon which appellant no. 1 Kasim Ansari gave a gupti (sharp cutting weapon) blow in her abdomen. The informant tried to save herself by her left hand causing injury on her left elbow and went across and also she sustained injury in her wrist. Then appellant namely Ehsanuddin Ansari took away Rs. 4,000/ - from her shop. Several persons assembled on alarm and the injured narrated the incident before them. Thereafter, she was brought to Daltonganj Sadar hospital for treatment where her fard -bayan was recorded. The informant has also stated that due to previous enmity and litigation the appellants have committed said offence.

(3.) On the basis of fard -beyan of Amla Khatoon, PW -3, Chainpur P Case no. 13 of 1995 was registered under sections 447/307/324/379/34 IPC. The police after due investigation submitted charge -sheet accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as S.T. Case No. 115 of 1998.