BADAN HANSDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. In this appeal, the appellant has challenged the judgment of his conviction dated 21.9.1995 and the corresponding order of sentence for the offences under Sections 302 and 324 of the Indian Penal Code passed by the 1st Additional Sessions Judge, Deoghar in Sessions trial No. 12 of 1995. The appellant was charged with and tried for the offences under Sections 302/324 of the Indian Penal Code on the allegation that he had committed murder of the informant's minor son, Mohan Hansda and also voluntarily inflicted injury to the informant's husband, Ramdhan Hansda (PW 5).

(2.) THE appellant has denied the charges pleading not guilty and has claimed innocence and of his implication on false accusation.

(3.) THE case was initially registered for the offence under Sections 302, 307, 341, 324, 326 and 34 of the Indian Penal Code. On concluding the investigation, the Investigating Officer submitted charge -sheet for the aforesaid offences recommending trial of the present appellant. However, the charge against the appellant was not framed for the offence under Sec. 307 or under Sec. 326 of the Indian Penal Code and it was confined to the offences under Sections 302/324 of the Indian Penal Code.