RAM LAKHAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Jyoti Prasad Sinha, learned counsel, appearing for the petitioner and learned Mr. P. K. Appu, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 09.05.2002 passed in Criminal Appeal No. 112 of 2001 by learned 9th Additional Sessions Judge, Hazaribag, whereby and where under, the Judgment of Conviction and the order of sentence dated 27.07.2001 passed by learned Judicial Magistrate, 1st Class, Hazaribag in G.R. No. 1015 of 1997 (T.R. No. 191 of 2001), convicting the petitioner for the offence under Section 341/323/325/34 has been upheld and the sentence has been reduced from 3 years R.I. to 2 years R.I.

(3.) The prosecution story in brief is that the informant had gone to the field for sowing paddy along with P.W. It is alleged that the petitioner came and questioned her at which the informant replied that the land belonged to her. It is alleged that the petitioners had started to heckle her and when the mother of the informant tried to save her, she fell down on the ground and the petitioner No. 1 assaulted the mother of the informant with a spade which led to her leg getting fractured. Based on the aforesaid allegation Muffasil P.S. Case No. 206 of 1997 (G.R. No. 1015 of 1997) had been registered under Section 341, 323, 325, 323 and 34 of the I.P.C. Investigation resulted in the submission of charge-sheet and after cognizance was taken charge was framed against the petitioners and trial proceeded.