CHAMU MAZI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Kaushalendra Prasad and Mr. S.K. Srivastava, 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 28.04.2005, passed by learned Additional Sessions Judge-IV, Fast Track Court, Jamtara, in Sessions Case No.37 of 2002, whereby both the appellants have been convicted for the offence committed and punishable under Section 323 of the Indian Penal Code and awarded sentence of rigorous imprisonment for one year with a fine of Rs. 500/- each and in case of default in payment of fine, further rigorous imprisonment for two months although, by the same impugned judgment the learned trial court has acquitted Mamta Kumari and Sumitra Devi of the charge under Sections 447, 427, 341, 323 and 307/34 of the Indian Penal Code and also acquittal these two appellants namely, Chamu Mazi and Sufal Mahto @ Sufal Yadav of the charge under Sections 447, 427, 341 and 307/34 of the Indian Penal Code.

(3.) The prosecution case is based upon written report of Balika Devi (P.W.-4), before the officer-in-charge, Jamtara police station on 17.06.2001, wherein the informant has alleged, that today i.e. 17.06.2001 in the morning at 10:00 A.M. when the informant came out of her house, she saw Chamu Mazi and Sufal Mahto (appellants) were grazing their cattle in the paddy field of the informant. On protest made by the informant, the accused Chamu Mazi abused her and ordered to kill the informant, upon which Sumitra Devi and Mamta Kumari thrashed the informant on the ground and Sufal Mahto assaulted the informant on her head by an axe causing bleeding injury and also assaulted the informant by means of handle of axe on her left arm. The informant has further alleged the accused persons have assaulted with intention to kill her.