MD.SHAKIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) : By Court - This appeal is directed against the judgment of conviction and order of sentence dated 27.6.2001 passed by Sri V.N. Jha, learned 6th Additional Sessions Judge, Hazaribagh in Sessions Trial No. 144 of 1992, by which judgment, learned Sessions Judge found that the sole appellant was guilty under Section 325/323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year under Section 325 of the Indian Penal Code and rigorous imprisonment for three years under Section 323 of the Indian Penal Code, both the sentences to run concurrently.

(2.) THE prosecution was started on the basis of the fardbeyan given by the informant, Rashida Khatoon (P.W. 5). stating therein that on 8.2.1991, at 5.00 P.M., she was in her house, just besides her house, when she heard that the daughter of Asin, -Naz and her son Javed were making hot exchange of words, she went out to stop the quarrel. Consequently, Md. Shakil came out of his house armed with sword and stated that he would slain them and started abusing with the weapon. The informant asked him not to do so. Then, the accused, Md. Shakil inflicted blow of sword in the right side of her neck and blood started oozing out. She started bleeding from her injury. Thereafter, her gotani, Nazima Khatoon has also came out and she was also assaulted and she received injury on the left Pakhura. It is stated that the occurrence was seen by Md. Roshan Alam and Kurban Ali and others.

(3.) SINCE . Section 324/307 of the Indian Penal Code was exclusively triable by the Court of Sessions the learned Magistrate after taking cognizance of the offence committed the case to the Court of Sessions, where the trial was held.