SUKHDEO SEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 19.04.2004 and order of sentence, dated 20.04.2004, passed by learned Additional Sessions Judge- IV, Fast Track Court, Jamtara, in Sessions Case No. 6 of 1998, whereby the appellant has been held guilty for the offence committed and punishable under Section 307 of the Indian Penal Code and awarded rigorous imprisonment for eight years with fine of Rs. 1000/- and in default of payment in fine, to undergo further rigorous imprisonment for three months.

(2.) The prosecution case is based upon the fardbeyan of the informant Jaba Ruz (P.W. 3) wife of Jiaram Ruz (P.W. 13) recorded by Sub-Inspector of Police Sanjay Kumar Singh, Officer-in-Charge, Fatehpur Police Station in the district of Jamtara on 13.07.1997 at 18.00 Hrs. at village Jordiha, wherein the informant has alleged that 4-5 children were playing on the chala of straw for which her husband Jiaram Ruz (P.W. 13) has scolded the boys as there is chances that they may fall from the same and sustain injury. On the complaint made by the children, husband of the informant went there, upon which Sukhdeo Sen asked him "who is he" and started abusing. It is alleged that husband of the informant was assaulted on his head and mouth by means of stone causing bleeding injury and one of the teeth was broken with fracture of jaw. The other accused person namely Mrinal Sen assaulted the husband of informant by means of lathi due to which he sustained bleeding injury and fell down and became unconscious. Basant Sen also assaulted her husband and was instigating his son. In the meantime, co-villagers came there and thereafter, the husband of informant was saved and brought to his house.

(3.) On the basis of the fardbeyan of the informant, police has registered Kundahit P.S. Case No. 46 of 1997 dated 14.07.1997, under Sections 323/ 324/ 307/34 of the Indian Penal Code against three accused persons namely Sukhdeo Sen, Mrinal Sen and Basant Sen.