GOLLU MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence dated 18.12003 in S.T. No. 301 of 2001 passed by the then Addl. Sessions Judge-cum-Fast Track Court No. VIII, Hazaribagh, whereby the sole appellant, Gollu Mian @ Gullu Mian has been convicted for the offence under Sections 341 and 323 of the Indian Penal Code, but the trial Court acquitted the appellant for the offence under Sec. 307 of the Indian Penal Code. The trial Court has sentenced the appellant to under RI for a period of six months for the offence committed under Sec. 323 of the Indian Penal Code and for a period of 15 days for the offence committed under Sec. 341 of the Indian Penal Code and both the sentences are directed to run concurrently.

(3.) The prosecution case as it appears from the written report of the informant, Lilo Mahto (PW 3) before the officer-in-charge, Sadar Police Station, Hazaribagh, 12000, stating therein that his grandson (maternal), Hirendra Prasad, S/o Sukhdeo Mahto, aged about 10 years had gone for grazing the cattle in the forest area, where Gollu Mian had collected some woods and tied the same with rope in the jungle. It is further stated that the rope was unfastened by grandson of the informant. Some other boys were also present, who were looking after their cattle. It is alleged that on demand by Golu Mian, his grandson, Hirendra Prasad gave rope to accused, Gollu Mian and thereafter, Golu Mian caught-hold of his grandson, Hirendra Prasad and assaulted him from the wooden portion of the tangi and also by fist and slap as well as by leg causing injuries and threw him inside the river with an intention to kill him. The informant has alleged that his grandson, Hirendra Prasad sustained serious injuries and the occurrence took place on 12.3.2000 (Sunday) at 12.00 noon.