NAYEEM MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 24th April, 2003, passed by the Additional Sessions Judge, F.T.C.-1, Chatra in connection with Sessions Trial no. 337 of 1998 corresponding to G.R. Case no. 79 of 1998, Pratappur P.S. Case no. 06 of 1998, whereby the appellants have been held guilty for the offences punishable under sections 147, 323, 341, 504 of the Indian Penal Code and sentenced to undergo S.I. for six months u/s 147 IPC, S.I. For six months u/s 323 IPC, S.I. For one month u/s 341 and S.I. For six months u/s 504 IPC. All the sentences were directed to run concurrently.

(2.) The prosecution case,in brief, as per written report of the informant Amna Khatoon is that on 19.2.1998 at about 7 a.m. while the informant was returning from the house of one Md. Abbas the appellants above named started assaulting her by means of lathi, fists and slaps saying that she is a witch (dian). On hearing the alarm raised by her, her daughter Nagina Khatoon ran to her and tried to save her and she became senseless. It has been further stated that prior to the occurrence, the appellants named above had also assaulted her with intention to kill her but report of that could not be lodged due to poverty. On the basis of written report lodged by Amna Khatoon, Pratappur P.S. Case no. 06 of 1998 dated 26.2.1998 U/Ss. 341/323/307/504/147 I.P.C. was registered. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial no. 337 of 1998.

(3.) The appellants stood charged for the offences punishable under sections 147,341,307/149, 323/34 and 504 I.P.C. to which they pleaded not guilty and claimed to be tried.