KRISHNA LAL AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Awadesh Pandey, and Mr. G. S. Prasad, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence, both dated 14.07.2005, passed by learned Additional Sessions Judge, Fast Track Court-IV, Garhwa, in Sessions Trial No. 346 of 1999, whereby the sole appellant has been convicted for the offence committed and punishable under Section 324 of the Indian Penal Code and awarded rigorous imprisonment for three years. The period already undergone will be set off under Section 428 Cr. P. C. Learned trial Court has acquitted the appellant from charges under Sections 341, 325, 326, 307 and 504 of the Indian Penal Code.

(3.) The prosecution case is based upon fardbeyan of Ram Pratap Agrawal, P. W. 2, recorded by Binay Krishna, Sub- inspector of police of Meral Police Station, Garhwa, at 15.00 hours, on 27.07.1997, at Sadar Hospital Garhwa, where the informant has alleged, that in the morning at 6.30 a.m., while the mother of the informant was bringing her she baffalow after grazing in the field, she baffalow entered into the field of the Krishna Lal Agrawal, for which Krishna Lal Agrawal and his wife Asha Devi abused the mother of the informant and when the informant returned home from outside at around 7.00 a.m., both the accused persons, Krishna Lal Agrawal and his wife Asha Devi were insulting the mother of the informant by abusing her, Krishna Lal Agrawal disrobed himself and went to the house of the informant, on protest made by the informant, Asha Devi having lathi and Krishna Lal Agrawal having garasha in his hand, assaulted on the head and the body of the informant and because of assault made by garasha, the informant sustain bleeding injury on his head and right ear. The informant has stated that his neighbour Reyaz Ansari came for rescue but the accused persons assaulted the informant causing unconsciousness and thereafter family member of the informant brought him to the Sadar Hospital Garhwa, where his treatment was going on. The informant has stated, that he put his signature on the statement before Bijay Pal (P. W.4) and Munna Choubey (P.W.3) after finding the statement true.