Ratnaker Bhengra, J. - (1.) THIS Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 13.9.2002 passed by Shri Gitendra Kumar Singh, Additional District and Sessions Judge, Fast Track Court No. 4, Jamshedpur in S.T. No. 279 of 1996 whereby and whereunder appellant had been sentenced to undergo R.I. for two years under Section 325 of the Indian Penal Code.
(2.) THE prosecution story in short is that on 15.9.1995 at about 21 hours while informant had gone to Jogabera Market for his business transaction, a boy of his locality came to him and informed that Krishna Prasad, his mother and Baby his sister have been assaulting Fua on her home. After getting this information that his wife was being assaulted by accused persons the informant at once reached his house and saw that aforesaid persons have badly assaulted his wife namely Sundar Baso Devi and she had fallen on the ground. Informant enquired about the matter and came to know that his Buffalo had eaten louky (gourd) of the accused persons. Due to his questioning, accused Bhagiran Prasad and Krishna Prasad started to attack him on his head with Lathis which caused injury on the right and left hand of informant. He also sustained some head injury and there was some bleeding on his head. All the accused persons assaulted the informant and his wife by means of lathi and danda. One Rajesh Yadav took them from there and by tempo he brought the informant and his wife to Hospital for their treatment. Informant and his wife got admitted to M.G.M. Hospital at Jamshedpur and a Fardbeyan of informant was taken by police. On the basis of fardbeyan of informant a case was registered U/Ss. 341/323 and 307/34 of the Indian Penal Code. After investigation charge -sheet has been submitted against the accused persons U/ss. 341/323/325/307/34 IPC and accordingly cognizance was taken in this case.
(3.) CHARGE has been framed against the accused persons and explained to them to which they pleaded not guilty and claimed to be tried.;