KANTA BALA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 12/2/2004 and order of sentence, dtd. 13/2/2004, passed by learned Additional Sessions Judge, Fast Track Court No. V, Jamshedpur, East Singhbum, in Sessions Trial No. 6 of 2003, whereby the sole appellant has been found guilty and convicted for the offence committed and punishable under Sec. 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

(2.) The prosecution case is based upon the written report submitted by the informant Jihur Singh (P.W. 6), before the Officer-in-Charge, Patamda Police Station in the district of East Singhbhum on 6/11/2002, alleging therein that on 6/11/2002 at around 8.00 A.M. when he was going to his field, he saw a number of people assembled near the house of his cousin Mohan Singh, upon which the informant went to the house of his cousin Mohan Singh and saw that his cousin was lying on the cot in unconscious condition and blood was oozing from his head. It is stated that when the informant enquired the same from the wife of his cousin Kanta Bala Singh, she disclosed that her husband has returned home on 5/11/2002 at around 10.00 P.M. in intoxicated condition and started demanding money. When Kanti Bala Singh refused to give money, her husband started assaulting her and to protect herself, in anger she assaulted her husband by means of a silauta (stone material used for grinding spices) on head, causing injury. It is further alleged by the informant that his brother has been assaulted by his wife with an intention to kill and has also applied salt on the wounds. The informant has stated that because of being villager and there was no means of transportation, delay has been caused in informing the police and came along with one Ayodhya Singh to inform about the same.

(3.) On the basis of written report, police has registered Patamda P.S. Case No. 77 of 2002 dtd. 6/11/2002, under Sec. 307 of the Indian Penal Code against the accused Kanta Bala Singh.