ROHIT LAHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rupesh Singh, learned counsel for the petitioner and Mr. Anand Kumar Pandey, learned APP appearing for the State.

(2.) This application is directed against the judgment dtd. 28/11/2007 passed in Criminal Appeal No. 47 of 2007 by learned Additional Sessions Judge, F.T.C. III, Hazaribagh, whereby and whereunder, and the judgment of conviction and sentence dtd. 18/5/2007 passed by learned Judicial Magistrate, Hazaribagh in Bishnugarh P.S. Case No. 27 of 2001 (G.R. No. 926 of 2001) and T.R. No. 138 of 2007, has been affirmed so far as the conviction and sentence dated u/s 324 and 341 I.P.C. is concerned and the petitioner has been acquitted from the charges u/s 323 and 325 I.P.C.

(3.) The prosecution story in brief is that the informant and the accused persons are Gotias. It is alleged that on 20/4/2001 at about 10 a.m. Pawan Kumar proceeded to the Block for some work and as soon as he came out from his house, the petitioner abused him as to why he has not partitioned his land. There was a scuffle between both of them and thereafter the petitioner came back from his home with a Tangi and assaulted Pawan Kumar on his right hand. It has been alleged that when the informant's sister Chintamani Mosomat intervened she was assaulted by Tangi on her forehead. Further allegation was that the other accused persons had also assaulted Chinta Mosomat with Lathi. Based on the aforesaid allegation Bishnugarh P.S. Case No. 27 of 2001 was instituted in which after investigation charge-sheet was submitted and pursuant to taking of cognizance, charge was framed u/s 341, 323, 324, 325 and 34 I.P.C. and trial proceeded.