Kailash Prasad Deo, J. - (1.) Heard, learned counsel for the appellant, Mr. Subham Dubey, assisted by Mr. Ramakant Tiwari, Advocate and learned counsel for the State, Mr. Nehru Mahto, learned Additional Public Prosecutor.
(2.) The instant Criminal appeal has been preferred against the judgment of conviction and order of sentence, both dated 27.02.2004, passed by learned Additional Sessions Judge, Fast Track Court No.1, Bokaro, in Sessions Trial Case No. 259 of 1999, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 324 and 448 of the Indian Penal Code, but accused, has acquitted from the charge under Sections 307,354,452 and 341 of the Indian Penal Code. The learned trial Court has awarded rigorous imprisonment for two years for the offence committed and punishable under Section 324 of the Indian Penal Code and Imprisonment for one year for the offence committed and punishable under Section 448 of the Indian Penal Code. Both the sentences are directed to run concurrently.
(3.) The prosecution case is based upon the fardbeyan of Jaleshwar Manjhi (P.W.-4) recorded by Sub-inspector of police A.K.Sinha, In-charge Amlabad O.P., P.S. Chandankiyari on 17.10.1995 at 14:30 Hrs. at Putka Muru wherein the informant has alleged that yesterday i.e. on 16.10.1995 at around 03:30 P.M. while the informant alongwith Kamaldeo Manjhi were sitting under the tree in front of informant's house, he saw Sunder Lal Manjhi son of Sona Ram Manjhi, entering into the house of his neighbour, Jyoti Lal Manjhi. It is further alleged that the informant has heard brawl raised by a woman from the house of Jyoti Lal Manjhi. The informant alongwith Kamaldeo Manjhi went inside the house of Jyoti Lal Manjhi and asked the reason, upon which, the wife of Jyoti Lal Manjhi namely, Kamla Devi shouted by saying to catch hold of Sunder Lal Manjhi as he has entered into her house and was teasing her and caught hold her with bad intention. When the informant tried to catch hold of Sunder Lal Manjhi, who has started fleeing away from the house and gave threatening with dire consequences and after taking out a knife from his waist gave knife blow to the informant, causing bleeding injury on his abdomen, with intention to kill. In the meantime, other persons assembled there and caught hold of Sunder Lal Manjhi, who has also sustained injury in the scuffle with the co-villagers and thereafter informant was brought before a medical practitioner in the village for his treatment.;