BINOD KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. Public Prosecutor for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 17.12003 and order of sentence dated 212003, in Sessions Trial No.86 of 2000, passed by the learned Sessions Judge, Seraikella- Kharsawan at Seraikella, whereby the sole appellant, Binod Kumar has been convicted for the offence punishable under Section 307 of the Indian Penal Code and awarded rigorous imprisonment for seven years.

(3.) The prosecution case, as has been made out by the informant, Santosh Devi, in the First Information Report is that, while the informant was going to bring milk from the 'khatal', in the way to Khatal, the appellant called her, assaulted her by 'bhujali' on the head, causing bleeding injury. Subsequently the appellant attacked on the right hand of the lady (informant) causing injury. On hulla, Mantu Dubey, khatal owner and others reached there and saved the lady (informant). She was taken to Welcare Nursing Home for treatment and the accused/appellant fled away. The statement of the informant was recorded at the Hospital and thereafter she was given treatment. On the basis of the aforesaid 'fardbeyan' of Santosh Devi, informant, the Police instituted First Information Report being Adityapur P.S. Case No. 59 of 1999 (dated 02.05.1999) corresponding to G.R. No.189 of 1999 under Sections 324/307 of the Indian Penal Code, against the accused/appellant.