KISHUN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shree Nivas Roy, learned counsel appearing for the petitioners and Mr. Shekhar Sinha, learned A.P.P.

(2.) This application is directed against the judgment dated 18.11.2002 passed by the learned IInd Additional Sessions Judge, Giridih in Criminal Appeal No. 30 of 1991 whereby and where under the judgment and order of conviction passed by the learned Judicial Magistrate, 1st Class, Giridih in Bagodar P.S. Case No. 112 of 1984 convicting the petitioner for the offence punishable under Section 323 of the Indian Penal Code has been affirmed and the sentence has been modified and reduced from rigorous imprisonment for three months to simple imprisonment for one month.

(3.) It is the case of the prosecution that while a Panchayati was going on 20.08.1984 there was hot exchange of words between Deglal Gope and Narayan Gope which resulted in assault and thereafter on the order of Deglal Gope the petitioner no. 1 gave Lathi blow to the informant on his leg whereas Deglal Gope gave one Lathi below on the head. It is alleged that the daughter-in-law of the informant had come to rescue him but she was also assaulted by the petitioner no. 1. Further allegation has been levelled that one Mohini Devi and Tukani Devi were also assaulted by the petitioner no. 4.