RONGON MUKHOPADHYAY,J. - (1.) Heard the parties. This application is directed against the judgment dated 22.7.2004, passed by the learned 7th Additional Sessions Judge, Fast Track Court No. IV, Godda in Cr. Appeal No. 25 of 2003, 07/2004, whereby and where-under judgement and order of conviction and sentence dated 26.7.2003, passed by the learned Chief Judicial Magistrate, Godda in G.R. No. 30 of 1996, by which the petitioner had been convicted for the offence under section 326 of the Indian Penal Code and sentenced to undergo S.I. for three years has been affirmed.
(2.) The prosecution story in brief is that when the informant saw the petitioner and his wife assaulting his mother he tried to save his mother, at which petitioner had given a blow with his 'khanti' on his forehead whereas his wife had assaulted him with a lathi on his left arm. It is alleged that when the father of the informant intervened, wife of the petitioner assaulted him with lathi. However, since other persons had come, the informant and his parents were somehow saved. The reason for the occurrence as has been disclosed in the FIR is that the petitioner had cut the plum tree which was protested by the mother of the informant and which resulted in the occurrence.
(3.) Based on the aforesaid allegations, Thakur Gangati P.S. Case No. 6 of 1996 was instituted. Investigation resulted in submission of charge-sheet under section 323, 324, 326 and 307/34 of the Indian Penal Code. Subsequently cognizance was taken and the case was committed to the court of sessions. However, by an order dated 7.8.1997, case was remitted to the court of learned Chief Judicial Magistrate on the ground that no case under section 307 of IPC is made out against the petitioner. Charge was framed under section 326/34 of IPC and trial proceeded.;