RANCHI, India, May 18 -- Jharkhand High Court issued the following order on April 16:

1. At the very first outsell, it is to be observed that out of three appellants, appellant no. 1 Bhushu Majhi and appellant no. 3 Toro Majhi have died during the pendency of this appeal and affidavit in this regard has already been filed by the learned A.P.P. As such, the appeal of appellant nos. 1 and 3 stands abated. The name of appellant is re-numbered.

2. Heard Mr. D. K. Karmkar, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P.

3. This criminal appeal is directed against the judgment of conviction dated 15.05.2008 and sentence dated 19.05.2008 passed in Sessions Trial No. 202 of 2003 by the learned Addl. Sessions Judge (F.T.C.)-III, Jamshedpur whereby and whereunder, the appellant has been convicted under Section 324 read with section 34 of IPC and sentenced to undergo R.I. for one year for the offence under Sections 324 of the I.P.C.

Factual Matrix

4. The factual matrix giving rise to this appeal is that on 06.12.2002 at about 4:30 PM, while the informant was coming after loading paddy on his bullock cart from his field, the accused persons, namely, Toro Majhi, Bhusu Majhi and Karu Majhi met him on the way and started scuffling. In the meantime, accused Toro Majhi took out pistol from his waist and opened fire towards the informant with an intention to kill him, to which Pilate hit at the left hand of the informant and he sustained injuries. Thereafter, all the accused persons fled away from the place of occurrence. The informant was treated in MGM Hospital, Jamshedpur. It is further alleged that in the year 2000, above miscreants had assaulted the informant by an arrow.

5. On the basis of written report of the informant, Patamda P.S. Case No. 81 of 2002 was registered on 06.12.2002 for the offence under Section 307/34 of I.P.C. and Section 27 of the Arms Act.

6. After completion of investigation, the charge-sheet was submitted against the above named accused persons and after taking cognizance, the case was committed to the court of Sessions, where Sessions Trial No. 202 of 2003 was registered. The accused persons have denied the charges levelled against them and claimed to be tried.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=DGLYj3d%2B3YUl7w50SUed9hxdXtDM5Qt3rCI6RRaoiB%2B%2FgDRq1CyNVSm%2BXlqQHWzV&caseno=Cr.A(SJ)/755/2008&cCode=1&cino=JHHC010096622008&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.