- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 16.7.2002 passed by Shri Sita Ram Mahato, Special Judge -cum -1st Additional Sessions Judge, Deoghar in Special Case No. 76 of 1997, by which judgment he found the appellant guilty under Sections 448, 323, 324, 307/34 of the Indian Penal Code and Section 3(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced him to under S.I. For 6 months.
(2.) IT is submitted by the learned counsel for the appellant that the prosecution has failed to prove the prosecution case and trial court finding that no case is made out against him and hence acquitted the appellant under Sections 307 of the Indian Penal Code and 3(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, but in absence of any evidence wrongly convicted the appellant under Sections 323 of the Indian Penal Code and Section 452 of the Indian Penal Code. Learned counsel for the State has supported the case.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan recorded at Sainik Hospital, Madhupur on 26.2.1992 by S.I.A. K.Singh wherein the informant stated that on 26.2.1992 at about 7.30 P.M. in the evening when she was preparing food in her house and her son, Umesh Das was reading in the light of earth lamp and the doors of the house were open. In the meantime, the accused - appellant, Azad Ansari entered into her house and he caught hold of her and gave a 'Bhujali' blow on her hand. On hearing 'Hullah' her son came then he also received injury on his face and he fell down thereafter the accused -appellant fled away.;