SAO MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the Judgment of conviction and Order of sentence dated 19.12005 passed by the learned Additional Judicial Commissioner - II, Khunti, in Sessions Trial No.537 of 2002 whereby and where under, the appellant has been held guilty for the offence punishable under section 324 of the Indian Penal Code and has been sentenced to undergo R.I. for 1 year.

(3.) The case of the prosecution in brief is that on 01.09.2002 at 07:00 P.M. when the appellant-accused was cutting bamboo in front of the house of the informant, the informant forbade the appellant-accused from cutting Karil (it is used as a vegetable by the villagers in this part of the country) of bamboo. At this, the appellant-accused was enraged and assaulted the informant-victim with Tono (a sharp cutting weapon) by which the informant sustained injury on the backside of his head. The police recorded the statement of the informant-victim Chondey Munda and basing upon the same, Murhu P.S. Case No. 47 of 2002 corresponding to G.R. No. 496 of 2002 was registered. After completion of the investigation, police submitted charge sheet and upon commitment of the case to the Court of Session, charge for the offence punishable under section 307 of the Indian Penal Code was framed against the appellant-accused. Upon the appellant-accused pleading not guilty to the charge, he was put to trial.