BASU SURIN Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard Mr. R. P. Gupta, learned counsel, appearing for the petitioner and learned Mr. Sudhanshu Kumar Deo, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 17.06.1999 passed in Criminal Appeal No. 34 of 1999 by learned 1st Additional Sessions Judge at Chaibasa, whereby and where under, the judgment of conviction and the order of sentence dated 26.03.1999 passed by learned 2nd Assistant Sessions Judge, Chaibasa in Sessions Trial No. 296 of of 1994, convicting the petitioner for the offence under Section 307 I.P.C. and sentencing him to R.I. for 05 years has been affirmed.

(3.) The allegation made in the F.I.R. is that the mother of the informant and the mother of the petitioner had started quarrelling with respect to some domestic issues which continued for a long period. It is alleged that in the evening the informant and his father went in front of the house of the petitioner and asked his mother not to quarrel at which the petitioner picked up a Farsa and assaulted both of them. Based on the aforesaid allegation Chakradharpur P.S. Case No. 52 of 1993 was instituted. After investigation, charge-sheet was submitted, whereupon cognizance was taken and after the case was committed, charge was framed for the offences punishable under Section 307 of the Indian Penal Code and trial proceeded .