JUGESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsels for the appellant, Mr. Vijay Shankar Prasad assisted by Mr. Binod Kumar, Advocates and Mr. Sudhir Kumar Roy, 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 11.03.2005, passed by the learned Additional Sessions Judge, Fast Track Court No.3, Palamau at Daltonganj, in Sessions Trial Case No.217 of 2003, whereby, the sole appellant has been convicted for the offence committed and punishable under Section 307 of the Indian Penal Code and awarded rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- and in default in payment of fine, to undergo further rigorous imprisonment for one year.

(3.) The prosecution case, is based upon, fardbeyan of Deonath Bhuiyan(P.W1) recorded by Sub-Inspector Kanchan Kumar, Officer-In-charge of Manatu Police Station on 02.11.2002 at 8.10 A.M., wherein, the informant has stated, that in the morning at about 5.00 A.M., informant Deonath Bhuiyan had gone to see his Kurthi crop (horse gram) and when he reached near his paddy field, he saw six buffalows grazing in his field. He also saw accused Jugeshwar Mahto sitting on the ridge of the field with an axe in his hand. Informant, Deonath Bhuiyan raised objection and as such, there was exchange of words with accused Jugeshwar Mahto over the matter. Accused, Jugeshwar Mahto objected informant from driving out the buffalows. In the meantime, accused Jugeshwar Mahto inflicted tangi blow on informant causing bleeding injury on his face near left eye and left hand. Thereafter, Jugeshwar Mahto fled away after seeing bleeding injury. The father of the informant and other villagers reached there on brawl raised by informant. They took informant to the Police Station.