BABLU SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. A.K. Chaturvedi assisted by Mr. Amit Kr. Choubey as well as learned counsel for the State Mr. Ashok Kumar No.2., Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 24.12003 passed by the learned Sessions Judge, Gumla, in Sessions Trial No. 21 of 2002 whereby the sole appellant has been convicted for offence committed under section 307 and 325 of the I.P.C. The appellant has been sentenced to undergo rigorous imprisonment for three years u/s 307 of the Indian Penal Code and rigorous imprisonment for two years u/s 325 of the Indian Penal Code and both the sentences have been directed to run concurrently. Against the said impugned judgment, the present appeal has been preferred which has been admitted before this Hon'ble Court on 19.01.2004 and since then the matter is pending.

(3.) The prosecution case as made out in the First Information Report is based on the fardbeyan of Sukhdeo Mahto, brother of injured Karma Mahto recorded by S.I. N.N. Jaiswal, Ghagra P.S. on 25.10.2001 at 5.30 P.M. at Ghagra Primary Hospital ward, where the informant has stated that his brother Karma Mahato has cultivated a land in which cattle of one Prakash Sahu entered and started grazing. Upon which his brother, came and scolded Prakash Sahu and also assaulted him with fist and slap. In the meantime, Bablu Sahu, brother of Prakash Sahu came and assaulted Karma Mahto on his head by blunt portion of Kori (a sharp edge instrument used in cultivation) and after assaulting once fled away. On raising hulla by wife of Karma Mahto, this witness went there and saw injury on the head of his brother, who was unconscious. The informant along with co-villagers brought him to Ghagra Hospital where his brother in under treatment. The informant has further stated that his brother was unconscious and not able to speak. The informant alleged that Bablu Sahu assaulted his brother by blunt portion of Kori with intention to kill him.