R.R.PRASAD, J. - (1.) THE sole appellant, Shaktidhar Mahto @ Shakti Mahto was put on trial to face charges under Section 307 as well as under Section 324 of the Indian Penal Code on the allegation that he attempted to commit murder of the informant, Prabha Devi (PW 4). The learned trial Court having found the appellant guilty convicted him under Section 325 of the Indian Penal Code and consequently sentenced him to undergo R.I. for 2 years.
(2.) THE case of the prosecution is that in the morning of 27.7.2001 while the appellant was cutting the earth of the field belonging to the informants husband, the informants son, Lalit Mahto (PW 3) forbade him from doing so. Further case is that on the same day in between 9 to 10 p.m. the appellant came to the house of the informant while she was cooking meal and started hurling abuses by saying as to why they did stop him for cutting the earth from the field and as soon as she came out of the house, the appellant assaulted on her head with donda, as a result of which she became unconscious. It appears that the informant, Parbha Devi gave her fardbeyan at Sonahatu Police Station on the same night at 10.50 p.m. On the basis of which the case was registered against the appellant and the matter was taken up for investigation by Investigating Officer, Ganesh Dutt Sharma (PW 8), who got the informant examined by Dr. R.C. Jha (PW 6). On examination doctor found lacerated wound over the right parietal region size 15 c.m. x 4 c.m. x 3 c.m., apart from a Haematoma size 18 c.m. x 6 c.m. over right forearm. Accordingly the doctor issued injury report (Ext. 1) with the opinion that the injury found over the head, was grievous, caused by sharp heavy dangerous weapon.
(3.) AFTER completion of the investigation, the police submitted charge -sheet against the appellant. Accordingly the cognizance of the offences was taken and in due course when the case was committed to the Court of sessions the charges were framed, to which the appellant pleaded not guilty and claimed to be tried.;