RITLAL MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Niranjan Kumar, learned counsel appearing for the petitioner and Mr. Ashok Kumar, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 25.07.2005 passed in Criminal Appeal No. 94/1992/24/2002 by the learned 2nd Additional Sessions Judge, Jamtara whereby and where-under the judgment and order of conviction and sentence passed against the petitioner by the learned Assistant Session Judge, Jamtara on 25.09.1992 in Session Case No. 208 of 1980 convicting the petitioner and five others for the offences under Sections 307/34, 324, 323 of the Indian Penal Code and sentencing him to rigorous imprisonment for a period of five years under Section 307/34 of the Indian Penal Code, rigorous imprisonment for three years for the offence under Section 324 of the Indian Penal Code and rigorous imprisonment for six months for the offence under Section 323 of the Indian Penal Code has been affirmed.

(3.) The prosecution case in brief is that the villagers were on patrolling duty on 20.06.1979. It is alleged that one jackfruit belonging to Basudev Mishra was picked up by someone. At this Basudev Mishra had started abusing the patrolling party whereupon a meeting was called. In course of the meeting an altercation ensued which resulted in the petitioner giving a knife blow on the ribs of Shib Charan Panda and another blow on the upper part of his eyes. It is alleged that the other accused persons thereafter started assault upon Shib Charan Panda with lathi.