B B Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) This appeal is directed against judgment of conviction and order of sentence dated 25th April, 2003 passed by 2nd Additional Sessions Judge, F.T.C., Jamtara in Sessions Trial No.221 of 2000/142 of 2002 holding the sole appellant guilty under Section 323 of the Indian Penal Code and ordered to be released on furnishing probation bond of Rs.1000/- for maintaining good conduct and behavior for six months with one surety of the like amount.
(3.) The prosecution case, in short, is that on the basis of station diary entry no.487 dated 26.08.1999 made by Fatehpur Police Out Post which was entered as a written report on the same day submitted by informant Karuna Devi. She has stated that on 26.08.1999 around 4 p.m. in the evening her she-calf entered into the house of Prabhakar Mandal then her daughter Seema Dutta aged about 12 years went to bring shecalf and when she reached at the door, Prabhakar Mandal assaulted with stone and his wife slapped her. Neepak Mandal also abused and threatened her. Thereafter, Kundhit P.S. Case No.82 of 1999 under Sections 341, 323, 307 and 504 of the Indian Penal Code was registered against (i) Prabhakar Mandal (ii) Tulabati Mandlain, wife of Prabhakar Mandal (iii) Neepak Mandal, son of Prabhakar Mandal. The police after investigation submitted charge-sheet upon all the accused persons under Sections 341, 323, 307/504 of the Indian Penal Code against accused Prabhakar Mandal, Neepak Mandal and Tulabati Devi. After taking cognizance, the case was committed to the court of Sessions. The charges were framed against all the three accused persons for the offence under Sections 323, 341, 504, 307/34 of the Indian Penal Code to which they denied and claimed to be tried, and the trial proceeded.;