YOG NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.239 of 2015 wherein the convicts are the appellants and Cr. Appeal (S.J.) No.459 of 2015 wherein informant happens to be the appellant, conjointly originate against the judgment of conviction and sentence dated 21.03.2015 passed by the Additional Sessions Judge-1st, Benipur, Darbhanga in Sessions Trial No.387 of 2008, whereby and whereunder appellants of Cr. Appeal (S.J.) No.239 of 2015 namely Yog Narayan Jha, Tarakant Jha, Raj Kumar Jha, Bipin Kumar Jha have been found guilty for an offence punishable under Sections 323, 325, 341 I.P.C. respectively.

(2.) Because of the fact that no provision has been prescribed under the Code of Criminal Procedure with regard to the filing of an appeal against judgment of conviction and sentence whereunder instead of substantial sentence, convict is tackled in accordance with Probation of Offenders Act. However, such provision is found under Section 11(2) of the Probation of Offenders Act without identifying the status of convict as well as prosecution independently. Furthermore, there also happens to be absence of proper procedure to proceed with the appeal and in absence thereof, it looks prudent to proceed as per procedure laid down under Cr.P.C. for hearing the appeal.

(3.) Bereft of unnecessary details, the case of the prosecution as is evident from the fard-bayan of Amrendra Kumar Jha, PW-4, recorded on 22.07.2004 at Primary Health Centre, Bahera where his uncle Jitendra Narayan Jha was admitted in an injured condition and was unconscious, is that on the same day at about 9.30 a.m. while his uncle Jitendra Narayan Jha was getting his field ploughed by his ploughman, at that very moment, he was teaching his children at his home. He heard sound of uproar whereupon he began to see and found his co-villager Yog Narayan Jha, Satya Narayan Jha, Tara Jha, Laltun Jha, Bhagwan Jha, Gauri Shankar Jha, Lalan Jha, Raj Kumar Jha, Bipin Kumar Jha, Tribhuwan Jha, Navkant Jha, Devkant Jha, Rudal Yadav, Ram Sewak Yadav, Parmeshwar Yadav, Lalit Yadav, Narayan Yadav, Krishna Kumar Yadav, Bahadur Yadav, PunPun Yadav along with 30-35 unknown persons, armed variously, chasing his uncle. When his uncle reached near the house of Ganga Yadav, all the accused persons apprehended his uncle and then, Rudal Yadav gave lathi blow, Tara Jha gave spear blow causing injury over his right hand, Bahadur Yadav gave spear blow over left knee, Krishna Kumar Yadav assaulted with lathi as a result of which, his uncle became unconscious. Seeing the aforesaid situation, he along with his brother Prem Kumar Jha, Laxman Kumar Jha, Kashi Kant Jha rushed in rescue, who were also severely assaulted by them. Anyhow, at the intervention of the villagers, they were rescued. It has also been alleged that Lalit Yadav snatched away wrist watch of his uncle.