ANIL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 27.02.2004, passed by learned Additional Sessions Judge, Fast Track Court No. - 3rd, Bokaro, in Sessions Trial No. 56 of 2003, whereby the sole accused has been convicted for the offence committed and punishable under Sections 324 and 323 of the Indian Penal Code but has only awarded rigorous imprisonment for one year for the offence committed and punishable under Section 324 of the Indian Penal Code. No separate sentence has been awarded for the offence committed and punishable under Section 323 of the Indian Penal Code.

(2.) The prosecution case is based upon the written report submitted by the informant Sunil Kumar (P.W. 3) before Officer-in-Charge, Bokaro Steel City Police Station on 13.07.2002 stating therein that he is resident of plot no. 338, Co-operative Colony, Bokaro Steel City. Today (13.07.2002) he was talking with his elder brother Vijay Kumar in front of his house and was supervising the work of the labourers, who were mixing the cement and chips with water. It is alleged that co-resident of his colony namely Anil Singh @ Guddu, resident of plot no. 439 was sitting under the tree with some of his friends and were taking liquor. They thought that the informant and his brother were talking about them, thereafter Guddu came and picked up the belcha from the road and assaulted the informant on his head, causing bleeding injury. On brawl, other nearby persons came there and saved the informant. The informant has stated that occurrence has taken place at 2.45 P.M.

(3.) On the basis of written report of the informant, police has instituted Bokaro Steel City P.S. Case No. 148 of 2002 dated 13.07.2002, under Sections 341/ 324/ 307 of the Indian Penal Code against the sole accused Anil Singh @ Guddu Singh.