IMPORTANT POINT
[The judgment reinforces the principle that the testimony of injured witnesses is highly credible and that corroboration with medical evidence is essential in establishing the guilt of the accused in assault cases.]

JUDGMENT :

HON’BLE MR. JUSTICE SUBHASH CHAND

The instant criminal appeal has been preferred on behalf of the appellants, namely, Deepak Mahato and Kapil Mahato against the judgment of conviction dated 12.05.2011 and order of sentence dated 13.05.2011 passed in Sessions Trial No.524/2004 whereby the learned Additional Judicial Commissioner-I, Khunti held guilty to the appellant no.1 namely, Deepak Mahato for the charge under section 323 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced with simple imprisonment of 3 months while the appellant no.2, namely, Kapil Mahato was held guilty for the charge under section 326 of IPC and sentenced with RI for three years and a fine of Rs.2000/-and half of the fine was ordered to be paid to the injured for the medical expenses made by her and in case of default of payment of fine, further to undergo RI for three months.

2. The brief facts of the prosecution case leading to this criminal appeal are that on 24.11.2003 at 14' hours of day time, the informant Charki Devi had given written information before the police officer of the police station concerned with these allegations that on 17.11.2003 at 7 O'clock of morning she came to the Khalihan and found the same to be destroyed by the cattle. The informant without giving any name of any one hurled abuse of whom the cattle have destroyed the Khalihan. On this very issue, her neighbour Kapil Mahato, Deepak Mahato and Lalita Devi armed with iron rod and Dauli hurling abuse chased the informant who intruded in her house. The accused persons also intruded in the house and dragged her out of the house. Kapil Mahato with intent to commit murder of her assaulted with Dauli which hit on her head and Deepak Mahato assaulted with iron rod and Lalita Devi assaulted with broom. On being alarmed the persons of the locality attracted there and the accused persons managed to flee away. The informant was admitted to RIMS, Ranchi and after being recovered from the injury she gave the written information with the police station concerned. On this written information, the Case Crime No. 101/2003 was registered with Bundu Police Station, District Ranchi.

3. The investigating officer after having concluded the investigation filed charge-sheet for the offence under section 341, 323, 325, 307 r/w 34 of IPC against the accused Kapil Mahato, Deepak Mahato and Lalita Devi.

4. The Magistrate concerned took cognizance on the charge-sheet and committed the case for trial to the court of learned Judicial Commissioner, Khunti and same was transferred to the court of Additional Judicial Commissioner-I, Khunti.

5. The trial court framed charged against the accused Kapil Mahato, Deepak Mahato and Lalita Devi for the offence under section 341, 323, 325, 307 r/w 34 of IPC.

6. On behalf of prosecution in oral evidence examined PW1Sanatan Mahato, PW2-Sikander Mahato, PW3-Malti Devi, PW4-Bhusak Mahato, PW5-Balram Mahato, PW6-Charki Devi, PW7-Shambhu Mahato, PW8- Dr. Madhup Lal and PW9- Dr. Binod Kumar.

7. On behalf of prosecution in documentary evidence adduced fardbeyan exhibit-1, X-ray report exhibit-2, inquiry report exhibit-3, injury report exhibit-4.

8. The statement under section 313 of Cr.PC of the accused Deepak Mahato, Kapil Mahato and Lalita Devi were recorded. All the accused person denied the incriminating circumstances in evidence against them and told themselves to be innocent.

9. No defense evidence was adduced on behalf of the accused persons.

10. The learned trial court after hearing the rival submission of the learned counsel for the accused and learned PP for the State passed the impugned judgment dated 12.05.2011 whereby Lalita Devi was acquitted; while the accused Kapil Mahato was convicted for the offence under section 326 of IPC and Deepak Mahato was convicted for the offence under section 323 of IPC and sentenced Kapil Mahato with rigorous imprisonment for 3 years and a fine of Rs.2000/-in default of payment of fine, the additional imprisonmen