GULAB MOHAMMAND SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ranjan Kumar Singh, learned counsel for the petitioner and Mr. Sudhansu Kumar Deo, learned A.P.P. for the State.

(2.) This application is directed against the judgment, dated 03.09.2002 passed in Criminal Appeal No. 55 of 2001/46 of 2002 by the learned 1st Additional Sessions Judge, Deoghar whereby and whereunder the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 1st class, Madhupur at Deoghar in connection with G. R. No. 347 of 1997 convicting the petitioner for the offence under Section 325 of I.P.C. and sentencing him to undergo R.I. for 2 years has been affirmed.

(3.) The allegation made in the FIR is that while the informant was going to Shyam Biri Company to bring Kendu leaves, the petitioner who happens to be his brother-in-law had given one blow of rod on the left leg of the informant. The reason for the occurrence according to the informant is that the petitioner had assaulted the sister of the informant who thereafter was given shelter by the informant. Based on the aforesaid allegations, G. R. No. 347 of 1997 was instituted. Investigation resulted in submission of charge-sheet and after cognizance was taken charge was framed under Section 325 of I.P.C. and trial proceeded.