NARAYAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Nitya Nand Choudhary, Advocate and learned counsel for the State, Mr. Pankaj Kumar, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 22/3/2004, passed by learned 3rd Additional Sessions Judge(Fast Track Court), Jamtara, in Sessions Case No. 163 of 1995 / 61 of 2003, whereby, the sole appellant has been convicted for the offence committed and punishable under Ss. 307 and 324 of the Indian Penal Code and awarded Rigorous Imprisonment for seven years for the offence committed and punishable under Sec. 307 of the Indian Penal Code and Rigorous Imprisonment for one year for the offence committed and punishable under Sec. 324 of the Indian Penal Code. Accused Narayan Mandal has further been directed to pay a fine of Rs.1000.00 and in default in payment of fine to further undergo simple imprisonment for three months. All the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon the fardbeyan of informant, Bisu Mondal (P.W.1) recorded by Officer-In-Charge, Jamtara Police Station on 8/11/1992 at around 5.00 P.M., wherein, the informant has stated that, on 8/11/1992 his wife Ramia Mondalain @ Devi was in her house and he has gone to see his paddy filed towards eastern side of the village. At about 2.15 P.M., son of the informant Ghanshyam Mondal came there and informed that his mother has been assaulted by the accused, Narayan Mandal with farsha and she has fell down inside the house. Upon which the informant came running towards his house and on seeing him the above named accused, who was standing there with farsha in his hand, assaulted the informant on his head four times. Consequent thereto informant also fell down, then the accused person assaulted the informant on the palm of his left hand with farsha. In the meantime, villagers namely, Pairu Mondal, Shyamdeo Mondal, Nunulal Mondal and others came there and saved the informant from further assault upon which accused person fled away. The informant has been informed by his wife that accused, Narayan Mandal was telling that, why they are not withdrawing the case. Informant has claimed that above named accused person has inflicted farsha blow upon the informant and his wife with an intention to kill them.