Ratnaker Bhengra,J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence both dated 23.02.2010 passed by the learned Sessions Judge, Pakur in S.C. No.50 of 2008/ 169 of 2008 whereby and where under the appellants have been convicted under Sections 341 and 323 of the Indian Penal Code. Learned Sessions Judge had given benefit to appellants under the provision of the Probation of Offenders Act and released them after due admonition under the provision of Section 3 of the Probation of Offenders Act.
(2.) The prosecution case, in brief, as per the fardbayan dated 03.10.2007 of the informant PW-10 som Hansda is that the wife of the informant namely Talamai Murmu had developed an illicit relationship with accused Rohit Mandal @ Kalu Mandal resident of Litipara for some years and for this the informant had warned his wife to refrain from the relationship with Rohit Mandal @ Kalu Mandal. Informant further stated that on 03.10.2007 his wife told him that she was going towards Chota Khambhi in connection with catch up round Pulse Polio treatment. At about 8:00-9:00 a.m. the informant saw the accused Rohit Mandal with his wife on his bike towards Chota Khambhi, therefore, informant also proceeded behind them. At around 11:00 a.m near the village Chota Khambhi under a palm tree, the informant saw that the accused Rohit Mandal and his wife in objectionable position to which the informant objected, then both the accused caught hold of the informant and started assaulting him. Kalu Mandal assaulted the informant with stone on the head, chest and back of the informant. During the incident, the wife of the informant was exhorting the accused Kalu Mandal to kill her husband. On provocation, the accused Kalu Mandal pressed the neck of the informant, then informant raised alarm on which some villagers came and thereafter both the accused fled away. However, the villagers chased them and both were apprehended but both the accused persons sustained some injuries due to fall.
(3.) On the basis of fardbayan of the informant Litipara P.S. Case No.51 of 2007 dated 03.10.2007 was registered under Sections 341/323/325/307/497/34 of the Indian Penal Code against the appellants and after investigation, charge sheet was submitted for the offence under Sections 341/323/325/307 and 497/34 of the Indian Penal Code. Cognizance of the offences were taken and case was committed to the Court of sessions. Charges were framed under Sections 341/323/325/307 and 497 of the Indian Penal Code against the appellants and trial was held and at the conclusion of the trial, appellants were convicted and sentenced as aforesaid. Hence, this appeal.;