MADAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mrs. Lily Sahay, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 26.04.2002 passed in Cr. Appeal no. 28 of 1994 by the learned Additional Sessions Judge, XIth, Dhanbad whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Dhanbad on 16.01994 in G.R. Case No. 1501 of 1985, arising out of Dhanbad (Saraidhela) P.S. Case No. 288 of 1985 (T.R. No.95 of 1994) convicting the petitioner for the offences punishable under section 323 of the Indian Penal Code and sentencing him to undergo R.I. for one year has been affirmed.

(3.) The allegation made in the First Information Report is to the effect that the informant along with his brother were sitting on the door of his house when Ratan Das came and assaulted his brother with a rod. It is said that when informant's sister-in-law came she was assaulted by Bodi Das with a lathi on her legs. Subsequently when the aunt of the informant came she was assaulted by the petitioner with a rod on her finger. One Shivshankar Das also received injuries. On alarm being raised Pado Lochan Mahato and Ganpat Mahato came and saved the informant. Based on the aforesaid allegations Dhanbad (Saraidhela) P.S. Case No. 288 of 1985 was instituted.