CHARAN SINGH @ TOTI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. A. K. Chaturvedi assisted by Mr. Amit Kumar Choubey, Advocates, and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dated 24.07.2003, passed by learned Additional District & Sessions Judge, Fast Track Court No.1, Jamshedpur (East Singhbhum), in Sessions Trial No. 211 of 1999, whereby the sole appellant has been convicted for the offence committed and punishable under Section 324 of the Indian Penal Code and awarded rigorous imprisonment for two years. Other co-accused persons namely Jasbir Singh and Niranjan Singh have been acquitted by the learned trial Court, by the same impugned judgment.

(3.) The prosecution case is based upon written report of Jagtar Singh, P. W. 1, recorded by T. Pandey, Sub- inspector of Golmuri Police Station, Jamshedpur (East Singhbhum), at about 11.55 P.M. on 18.09.1998, where the informant has alleged, that at about 11.15 P.M., on 18.09.1998 when he came out of his house after having his dinner, in the meantime, the accused Charan Singh @ Toti Singh (appellant), Jasbir Singh and Niranjan Singh along with one or two other persons restrained the informant and the accused Charan Singh with an intention to kill him inflicted a Bhujali blow upon him, consequent to which informant has sustained injury on his abdomen. When his elder brother Awtar Singh rushed over there to rescue the informant, the accused Charan Singh (appellant) inflicted a Bhujali blow on him also, as a result of which informant's brother also sustained injury on his abdomen. The other coaccused persons Jasbir Singh and Niranjan Singh along with their other associates caught hold of the informant and assaulted him as well as his bother Awtar Singh. The persons present at the spot namely Hardeep Singh, Durga Singh and Mohan Singh are said to have seen the occurrence. The reason behind such incident as stated in the written report was that there had been some differences on the point of Gurudwara Election in between the informant and the accused persons.