GOLKA TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Rohit Agarwal, assisted by Mr. Arvind Kumar Choudhary, Advocate and learned counsel for the State, Mr. Manoj Kumar No.2, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 24/3/2004, passed by learned Additional Sessions Judge, Fast Track Court No.-V, Deoghar, in Sessions Case No.280 of 2001, whereby the sole appellant has been convicted for the offence committed and punishable under Sec. 324 of the Indian Penal Code and awarded rigorous imprisonment for two years with a fine of Rs.2000.00 and in case of default in payment of fine to undergo further imprisonment of three months. By the same impugned judgment other co-accused namely, Gangu Turi, Rajkumar Turi and Nilkanth Turi have been acquitted from the charge under Ss. 143 and 307 of the Indian Penal Code.

(3.) The prosecution case is based upon the written report of Kamdeo Prasad Mandal (P.W.-2), before the Officer-In-charge Madhupur police station on 5/8/2000, alleging therein that while the informant went to his field at about 02:00 P.M., in the village Tilauna, he saw cattle were grazing his crops, the boy who has brought this cattle was called by the informant upon which, boy started abusing. The informant slapped that boy, thereafter villagers namely, Rajkumar Turi, Ganga Turi, Golka Turi, Nilkanth Turi and some other persons came there from the village Tilauna, with lathi and rod and started abusing the informant. It is alleged that on protest made by the informant, Golka Turi assaulted the informant by means of rod on chest and head, due to which informant became unconscious and fell down and blood started oozing out from his head. On brawl, neighbouring persons came there and intervened into the matter. The informant claimed that Vishu Raut and Gopal Raut also came there and saved the informant, thereafter accused persons have fled away.