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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Nagendra Das – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present criminal revision has been preferred against the judgement dated 11.02.2004 passed by learned 1st Additional Sessions Judge, Jamtara in Cr. Appeal No. 27/98|156/01 whereby the judgment dated 28.02.1998 passed by the Judicial Magistrate, 1st Class, Jamtara in G.R. Case No. 539/92 (T.R. No. 95/98) convicting the petitioner under Sections 323 & 325 IPC and sentencing him to undergo simple imprisonment for a period of three months under Section 323 IPC and one year under Section 325 IPC, has been confirmed and the period of detention already undergone by him, has been set off against the sentence awarded to him invoking the provision of Section 428 Cr.P.C.
2. The prosecution story, in brief, is that on 18.10.1992 at about 7.00 A.M, Jamuna Hazra (the O.P.No.2) was cleaning the door of his house. At the same time, Hariballabh Das, his sons Nagendra Das (the petitioner herein) & Sunil Das, his wife and daughter, namely, Tara Devi & Meena Devi respectively came there armed with Farsa and Lathi and started abusing him. When the O.P.No.2 protested their said act, Nagendra Das, Hariballab Das and Sunil Das assaulted on the fingers of his left hand due to which his wrist g
The main legal point established in the judgment is the reliance on the sole testimony of the injured witness, the sufficiency of evidence for conviction, and the reasons for not granting the benefit....
Convicted individuals may be granted probation under the Probation of Offenders Act based on age, societal integration, and absence of further criminal activity.
The court upheld the conviction under IPC but granted probation due to the petitioner's status as a first-time offender, emphasizing the need for leniency in sentencing.
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
The absence of articulated motive does not invalidate witness testimony when supported by reliable evidence; courts must consider reformative sentencing provisions for young, first-time offenders, ne....
The main legal point established in the judgment is that medical evidence is not always necessary to prove the charge under Section 323 I.P.C., and intentional insult is essential to establish the of....
The court upheld the conviction of the accused under Section 326 IPC for causing grievous injury, but granted the benefit of the Probation of Offenders Act considering the lapse of time and the accus....
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