- (1.) THIS appeal has been directed by the appellant named above against the impugned judgment and order dated 17.1.1997 and 18.1.1997 respectively passed in Sessions Trial No 210 of 1991 by Shri Awadesh Kumar Ojha, 5th Additional Sessions Judge. Dhanbad whereby and whereunder the appellant was found guilty for the offence punishable under Section 323 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for one year. However, the appellant was found not guilty for the offence punishable under Sections 307, 354 and 341 of the Indian Penal Code and he was accordingly, acquitted in respect thereof.
(2.) THIS case has arisen on the basis of the fardbeyan (Ext. 2) of P.W 3 Tetri Devi, the informant, and the injured of this case, recorded by P.W 7, S.I., Bindeshwari Thakur of Dharmabandh O.P. on 21.7.1989 at 10.00 hours in Tilatand Central Hospital regarding the occurrence which is said to have taken place on 20.7.1989 at 21.00 hours at Ghaura No. 4 in village Dharmabandh within P.S. Gobindpur District Ranchi. The prosecution case, in brief, is that the informant was sitting at the door of her house and a lunatic woman came there and sat before her and at this the appellant started abusing the informant in filthy languages and, thereafter, he came there with lathi and started assaulting the informant. It is also alleged that when the informant was fleeing away, the appellant caught her arms and did not allow her to go inside the house and as a result of that she fell down and the appellant, thereafter, dragged her by catching hold of her leg and also attempted to press her neck. It is also alleged that the informant has sustained bleeding injuries on her temporal region and also other injuries on her arm, back, wrist and both the legs P.W. 4 Samrali Rajbhar, P.W. 2, Toofani Pasi and one Gobind Rajbhar have witnessed the occurrence.
(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have' committed no offence and that he has been falsely implicated in this case.;