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RATNAKER BHENGRA
Ayodhya Mandal, S/o Late Suryanarayan Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Onkar Nath Tiwary, the learned counsel for the appellants and Mrs. Niki Sinha, the learned counsel for the State.
2. The present criminal appeal is preferred against the judgment of conviction and the order of sentence both dated 31.03.2010, passed by the learned 5th Additional Sessions Judge, FTC, Dumka in Sessions Case No. 236 of 2007 and Sessions Case No. 106 of 2008, whereby and whereunder, the appellants were convicted under Section 325/34 of the Indian Penal Code and sentenced to undergo RI for three years each.
3. The case of the prosecution, in brief, as per the fardbeyan dated 08.01.2007 of the informant Nageshwar Mandal (PW-9) is that on 08.01.2007 at about 12:00 O’clock noon, informant with his wife were working as a labourer for digging soil in construction of the dam in the village. Both the appellants Ayodhya Mandal and Manikant Mandal, who were working with them, were also digging the soil. Appellants threw soil in the pit, dug by the informant and when informant tried to stop them, appellants abused the informant and his wife, but, the other labourers pacified the matter. Informant further stated that when they returned home in the evening, the
Corroboration of evidence and medical evidence are crucial in establishing assault under Section 325/34 of the Indian Penal Code.
Conviction based on corroborated eyewitness testimony and medical evidence can be upheld despite procedural lapses; compensation imposed for injuries.
In a case with competing allegations, the prosecution must prove its case beyond reasonable doubt, especially when inconsistencies arise regarding injuries sustained by both parties.
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