DASRATH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal has been filed by the informant-appellant against the Judgment of acquittal dated 2.6.2016, passed by the learned Sessions Judge, Dhanbad, in S.T. No.119 of 2015, acquitting respondent No.2 from the charge under Section 302 of the Indian Penal Code. The respondent No.2, however, has been convicted for the offence under of the Indian Penal Code and has been sentenced to the period already under gone by him in custody during trial, i.e., one year and two months.

(3.) According to the prosecution case as disclosed in the impugned Judgment, there was an altercation between the informant-appellant and the respondent No.2 Nimai Mahto, who was accompanied with other persons, in which, the informant was also allegedly assaulted. His mother came to his rescue and it is alleged that the respondent No.2 Nimai Mahto slapped her, on which, she fell down and it also alleged that thereafter, the accused persons assaulted her by fists and slaps and kicked her, causing her death.