LALTU SHIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Sahani and Mr. Pankaj Verma, learned counsel appearing for the appellant and Mrs. Priya Shreshtha, learned A.P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dated 30.11.2005 and order of sentence dated 03.12.2005 passed by Additional Sessions Judge, East Singhbhum at Ghatsila in Sessions Trial No.271 of 1995, whereby and whereunder the appellant has been convicted for the offence U/s 307 of the IPC and sentenced to undergo rigorous imprisonment for five years.

(3.) The FIR has been lodged by Chotu Shit [P.W.4-brother of the victim namely Kavisen Shit (P.W.6)] on 17.06.1994, registered under sections 307 and 324 of the Indian Penal Code as Dumaria P.S. Case No. 09 of 1994. As story unfolded in the FIR, the victim-Kavisen Shit after taking meal, was coming from the house of Padogiri and when he reached near the house of Pratap then the appellant/accused had inflicted a blow on the back side of the head by Barchhi and due to this blow, the victim fell down. Thereafter an iron rod has been pierced in the ear of the victim by the appellant and also a leg blow has been given on the chest of the victim due to which his left collar bone got fractured. On raising hulla, some person gathered there. Then the victim has been taken to his house and further to the police station. Thereafter he was treated in a private hospital and then he was shifted to MGM Hospital where he remained admitted for about one and half month. He was referred to RIIMS, Ranchi from where he was finally discharged.