GAUTAM SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Ankit Kumar, assisted by Mrs. J. Mazumdar, Advocates and learned counsel for the State, Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor assisted by learned counsel for the informant, Mr. Pawan Kumar Pathak, Advocate.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 18/3/2004, passed by learned 5th Additional Judicial Commissioner, Fast Track Court, Ranchi, in Sessions Trial No. 399 of 2001 / T. R. No.61 of 2003, whereby, the sole appellant has been convicted for the offence committed and punishable under Sec. 307 of the Indian Penal Code and awarded Rigours Imprisonment for five years. By the same impugned judgment the learned trial Court has acquitted the appellant of the charge under Sec. 379 of the Indian Penal Code.

(3.) The prosecution case, is based upon, written report submitted by the informant, Ram Kishun Mehta (P.W.3) recorded by Officer-In-charge, Police Out Post, Nagri (Ratu), Ranchi, on 4/2/2001, wherein the informant has stated, that on 3/2/2001 at around 6.30 P.M., he was going to village - Upardaha in search of labourers to work in his wheat field. As soon as informant reached near "Teen shimani Chowk", Dr. Gautam Sharma, son of late Hari Bansh Mishra, resident of village- Tikra Toli, Ranchi, was standing there along with 3-4 unknown persons, who were not residents of nearby village. The informant has further stated that, as soon as he reached near the said chowk, Dr. Gautam Sharma (accused/appellant) started abusive languages and assaulted him on his nose with fist, due to which informant fell down and blood started oozing from his nose. As the informant fell down, appellant, Gautam Sharma started hitting the informant on his chest and ribs by legs and later on, after sitting on informant's chest, appellant started pressing the neck of informant, but he was saved due to intervention of some people, otherwise informant would have been killed by appellant, Dr. Gautam Sharma. The informant has further stated that, in course of incidence Rs.600.00 which was in the pocket of the informant has either been lost from the pocket or the same was removed by the appellant. The informant has further stated that he is feeling severe pain in chest, nose and neck and has further stated that persons, who were standing with Dr. Gautam Sharma has done nothing to him. The informant has further stated that Dr. Gautam Sharma was giving threatening with dire consequences, if he will complain to the police. The informant has stated that when he reached to his house, his sons were not present in the house and because of late night he could not inform the police and in the next morning he came to the police station.