JANKI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajendra Prasad, learned counsel for the petitioners and Mr. Sanjay Kr. Pandey, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 09.01.2001 passed by the learned 1st Additional Sessions Judge, Bokaro in Cr. Appeal no. 8 of 1997 whereby and where under the judgment and order of conviction passed against the petitioners by the learned Judicial Magistrate 1st Class, Chas in G.R. No. 438 of 1993, arising out of Chas (M) P.S. Case No. 23 of 1993 has been affirmed and the sentence has been modified by reducing the sentence awarded to the petitioner no. 2 from two years to 3 months for the offence punishable u/s 324 of the Indian Penal Code and the benefit of Probation of Offenders Act was given to the petitioner nos. 1 and 3.

(3.) The First Information Report was instituted by one Gangu Mahto in which it was alleged that his wife had gone to fetch water from the pond and while she was returning she was found fallen down in the street near the house of the petitioner no. 2 and blood was coming from her head. It is alleged that when the informant had tried to help her wife the petitioner no. 2 had assaulted her with a rod. The informant has further stated that his wife has subsequently disclosed that while she was returning after taking water the petitioner no. 2 had accosted her and subsequently thereto assaulted on the head which resulted in cut injury. The petitioner no. 1 is also said to have assaulted with lathi but somehow she was saved. The reason for the indiscriminate assault on the wife of the informant is the existence of a previous enmity between the parties. On the basis of the aforesaid allegation Chas (M) P.S. Case No. 23 of 1993 was instituted. After investigation was completed charge-sheet was submitted against the petitioners and on taking of cognizance the case was transferred to the court of learned Judicial Magistrate, 1st Class, Chas at Bokaro wherein vide judgment dated 21.12.1996 the petitioners were convicted for the offences punishable u/s 323, 324 and 341 of the Indian Penal Code and were sentenced accordingly. The appeal preferred by the petitioner being Cr. Appeal No. 8 of 1997 was however dismissed on 09.01.2001 sustaining the order of conviction but reducing the sentence imposed upon the petitioners variously.