MITHON MAHTO 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 both dated 18.11.2003, passed in S.T. No.203 of 2001 (arising out of Tamar P.S. Case No.76 of 2000 corresponding to G.R. No.465 of 2000) passed by the learned Additional Judicial Commissioner (F.T.C), Khunti, whereby the sole appellant, Mithon Mahto has been convicted for the offence under Section 326 of the Indian Penal Code and sentenced him to undergo imprisonment for 5 years.

(3.) The prosecution case is based upon, on the basis of sanha entry made by the officer-in-charge, Tamar Police Station on the written report of the informant, Budhu Mahto, wherein it is alleged that on 21.08.2000 at around 8.00 a.m. while he was filling up the drain in his land, accused, Mithon Mahto and his two sons, namely, Ranglal Mahto and Hiralal Mahto came and assaulted him with fist. His fatherin-law, Pusu Mahto and brother-in-law, Manoj Mahto were also present there. When they intervened by asking why they are assaulting the informant, Budhu Mahto. Thereafter they have also been assaulted. In the meantime, Mithon Mahto, appellant assaulted on the head of father-in-law (Pusu Mahto) of the informant causing injury. On the basis of the aforesaid 'fardbeyan' of the informant, the Police registered Sanha Entry No.423 dated 21.08.2000 and after receiving the injury report from Dr. Y. Sharan, Medical officer, Primary Health Centre, Tamar, as one of the injury was grievous, which is a sharp-cut wound on the vertex of the scalp, size 3" length x 2c.m. deep. Thereafter the Police registered Tamar P.S. Case No.76 of 2000 dated 4.09.2000 under Sections 323 and 326 of the Indian Penal Code.