SONA RAM MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Ankit Kumar, assisted by Mr. D. K. Karmakar, Advocate and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 30.04.2004 and order of sentence dated 01.05.2004, passed by learned Additional District & Sessions Judge, Fast Track Court -Vth, West Singhbhum at Chaibasa, in Sessions Trial No. 150 of 2003/S.T.R. No.87 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 324 and 341 of the Indian Penal Code and awarded simple imprisonment for one year for the offence committed and punishable under Section 324 of the Indian Penal Code and simple imprisonment for 15 days for the offence committed and punishable under Section 341 of the Indian Penal Code. Both the sentences are directed to run concurrently. The period of imprisonment undergone during the trial shall be set off against the sentence awarded.

(3.) The prosecution case is based upon the fardbeyan of Anil Kumar Mahto(P.W.1) recorded by Sub-Inspector of police, S. S. Rajak, Officer-In-Charge, Chakardharpur police station on 17.07.2003 at 22.45 Hrs. at Rajkiya Hospital Chakardharpur, wherein the informant has alleged that, today i.e on 17.07.2003 at around 8.30P.M. while the informant was returning home from the shop of Jhunjhunwala situated at Ranchi road, after his duty and reached on the Toklo Road ahead of Vikas Factory at about 8.45P.M., the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto, who was standing on the right side of the road, caught the bicycle of the informant and asked him to get down from the bicycle. When the informant got down from the bicycle, the accused with an intention to kill, assaulted the informant on the left side of the abdomen by means of knife. The informant raised brawl for help and on hearing the same, co-villagers Balram Mahto, Chandra Mohan Mahto and one Bhuneshwar Mahto of another village, who were returning home from Chakradharpur after their duty, came there and saw the occurrence, upon which accused has escaped and these three persons, who had arrived on hearing of cry of the informant, took him to the Chakardharpur Hospital for medical treatment. The informant has further stated that reason for occurrence is that accused was threatening for last few days in the village that he will kill the informant.