Lakhsmi Kant Mahto v. State of Jharkhand

1

CRIMINAL APPEAL (SJ) NO. 959 OF 2003

Against the judgment of conviction and order of sentence dated 02.07.2003 passed in S.T. No. 273 of 1990 by ADJ , Fast Track Court, Seraikella

Lakhsmi Kant Mahto son of Kailash Mahto resident of Baramtalia, P.S. Raj Nagar, Dist. SaraikelaKharsawan .......Appellant

Vs. The State of Jharkhand ........Respondent For the Appellant: Mr. B.M. Tripathy, Sr. Advocate M/s. Nutan Sharma, Advocate For the State: Mr. Vinay Kumar Tiwary, APP

PRESENT HON'BLE MR. JUSTICE RATNAKER BHENGRA

By Court: Heard the learned counsel for the Appellant Sri B.M. Tripathy and learned counsel for the State, learned APP Sri Vinay Kumar Tiwary.

2. This criminal appeal is directed against the judgment of conviction and order of sentence dated 02.07.2003 passed in S.T. No. 273 of 1990 by ADJ Fast Track Court, Seraikella whereby and whereunder the sole appellant was convicted under section 324 of IPC and sentenced to undergo rigorous imprisonment for two years. The period undergone during trial was ordered to be set-off.

3. The prosecution case, in brief, as per the fardbeyan dated 21-07-1988 of informant P.W. 4 Sukhram @ Sukra Mahto is that in the evening of 20.07.1988, he had gone to the village Khairbani for taking rice and at about 7 p.m. he started returning for his village to Baramtalia. When he reached south of village Khairbani near a Nala the accused Lakhsmi Kant Mahto armed with bhujali came there and started assaulting him repeatedly with bhujali on his thigh, chest and head as a result blood oozed out from his head and he fell down there and thereafter, the accused fled away. Informant further