KANDO DHABARIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SOLE appellant Kando Dhabariya stands convicted for the offence punishable under Sec. 323 of the Indian Penal Code and sentenced to serve simple imprisonment for three months and to pay a fine of Rs. 500.00 in default thereof to further undergo simple imprisonment for one month, by the 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 55 of 1999.

(2.) BRIEF facts leading to this appeal are that in the afternoon of 4.7.1998 informant Sudhir Mahto was going to village Nuwagawn when the appellant along with Sona Mandal assaulted him with iron rod. The incident was been by Chandra Shekhar Dhabariya who rescued the informant from further assault. The appellant became unconscious and was moved to Seraikella Sadar Hospital where his statement was recorded by Seraikella Police at 9.00 P.M. According to informant, this occurrence was took place due to demand of money from appellant for drinking wine.

(3.) THE present appeal has been preferred mainly on the grounds that when the main charges under Sections 307/325 of the Indian Penal Code were not found proved, the conviction of the appellant under Sec. 323 of the Indian Penal Code deserves to the set aside. Mr. R.C.P. Sah, learned Counsel appearing on behalf of the appellant, submitted that the whole prosecution story is concocted and deserves to be thrown away. According to Mr. Sah, the prosecution version has not been supported by any positive evidence in this case. It is further submitted that P.W.2, the brother of the informant, P.W.3, P.W.4 and P.W.5 are hearsay witnesses while P.W.1 has been declared hostile. Therefore, the conviction of the appellant may be set aside.