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SUNIL KUMAR PANWAR
Gudar Mandal, son of Late Adhar Mandal – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Sunil Kumar Panwar, J.)
Heard Mr. Vipul Sinha, learned Amicus Curiae and Mr. Abhay Kumar, learned A.P.P for the State.
2. The present appeal has been filed against the judgment of conviction and order of sentence dated 17.04.2007 passed by the learned Additional Sessions Judge, F.T.C-VII, Purnea in connection with Sessions Trial No. 634 of 2004/T.R. No. 141/2006, arising out of Kaswa Case No. 49 of 2003, whereby and whereunder, though the appellant was found guilty and convicted for the offence punishable under Sections 341, 323, 325 of the Indian Penal Code but he had been released under Section 4 of the Probation of Offenders Act, keeping in view the old age and the fact that appellant is not habitual offender and it was the first offence committed by him and on his furnishing bond of Rs. 5000/- with his undertaking that he shall maintain peace and good behavior for a period of one year.
3. The prosecution case as made out from the fardbyan (Ext.3) of the informant Kapildeo Pandit in brief, is that the wife of the informant namely Sarla Devi had got a land on settlement from the Government of Bihar which was being ploughed by the appellant/Gudar Mandal on 17.4.2003 at 8
The court upheld the conviction under IPC Sections 341, 323, and 325, affirming the trial court's findings based on consistent witness testimonies and corroborating medical evidence.
The judgment establishes that a conviction for grievous hurt can be upheld even when intent to kill is not proven, and that the Probation of Offenders Act can be applied based on the circumstances su....
The main legal point established in the judgment is the court's reliance on prosecution evidence to uphold the finding of guilt under the relevant sections of the Indian Penal Code, while also consid....
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