MAJIN LOHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. A. K. Chaturvedi assisted by Mr. Amit Kumar Choubey and Mr. Hadish Ansari, Advocates and learned counsel for the State, Mr. P. K. Appu, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 17/2/2004, passed by learned Additional District & Sessions Judge, Fast Track Court No.1, Jamshedpur, East Singhbhum, in Sessions Trial No. 247 of 1999, whereby, the appellant has been convicted for the offence committed and punishable under Sec. 326 of the Indian Penal Code though the charge has been framed against the appellant, Majin Lohar and co-accused, Jukru Majhi under Ss. 307/34 and 341 of the Indian Penal Code but learned trial Court has convicted the appellant, Majin Lohar under Sec. 326 of the Indian Penal Code and awarded Rigorous Imprisonment for three years with fine of Rs.2000.00 in case of default in payment of fine, to undergo further Rigorous Imprisonment for two months.

(3.) The prosecution case, is based upon, fardbeyan of informant, Tungoi Lohar (P.W.6) recorded by Sub-Inspector, Krishna Prasad, Govindpur Police Station on 21/10/1998 at 20.30 hrs. at Manpita village, wherein, the informant has alleged that, today i.e. 21/10/1998, he remained all along busy in dancing and singing on the occasion of 'Kali Puja' right from the evening. After finishing such merriment of dancing and singing, the informant along with his friends proceeded towards the house of a covillager, Sudhir Mahato at 6.30 P.M. to have a dinner on his invitation. It has been stated that, when they reached near the house of one Maheshwar Singh(Master Jee), the accused persons, Majin Lohar and Jukru Majhi intercepted them on the way. The accused, Jukru Majhi was armed with Danda and the accused Majin Lohar was armed with sword. The accused persons asked the informant, why he is posing himself as a hero as such they were waiting for his arrival. Saying this, they started using abusive words. When the informant forbade them form using such filthy words, then the accused, Jukru Majhi with an intention to kill the informant, inflicted a lathi blow on his head, which was stopped by his right hand, in-consequence to which, informant sustained injuries, on his right hand. In the meantime, the other accused, Majin Lohar, with an intention to kill the informant inflicted a sword blow on him, which he saved with his left hand and thus, he sustained sharp cut grievous bleeding injuries on the little finger of his left hand. When the informant raised brawl for help, his friends Ratan Lohar, Puklo Ho, Sudhir Mahato and his brother, Dobar Lohar came there and rescued him from the accused persons. The informant returned to his house and narrated the whole incident to his cousin brother Ram Charan Karmakar and other members of his family.