YUGAL MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Yugal Murmu has been found guilty for an offence punishable under Section 324 IPC and sentenced to undergo RI for 2 years as well as fined of Rs. 5,000/- in default thereof, to undergo SI for two months, under Section 148 IPC, sentenced to undergo RI for 2 years as well as fined of Rs. 5,000/- in default thereof, to undergo SI for two months with a further direction to run the sentences concurrently, while no sentence has been inflicted for an offence punishable under Sections 147 and 323 IPC vide judgment of conviction and order of sentence dated 13.01.2015 passed by 3rd Additional Sessions Judge, Purnea in Sessions Trial No. 179/2006.

(2.) Pw-6, Hakim Murmu gave his Fard-e-beyan on 14.05.2005 at about 6.00 PM, disclosing therein that while he along with his son, Baijnath Murmu (PW 2), were getting the field ploughed by a tractor, accused persons, namely, Anup Lal Murmu, Yugal Murmu (appellant), Tala Murmu, Chitan Murmu, wife of Chaitan Murmu, wife of Baijun Murmu, Maran Moy Devi and Majhli Devi variously armed came and directed to stop the tractor. On query made by him, it has been disclosed that informant was assaulted by Chaitan Murmu and Tala Murmu by means to Lathi who also assaulted his son, Baijnath Murmu. His brother was assaulted by Gumda Murmu with Garasa while Malik Murmu (PW 3) was assaulted by Garasa by the appellant. Then thereafter, they were taken to the clinic of private doctor where they were examined, treated and then thereafter, the informant came at the police stations where he gave his Fard-e-beyan.

(3.) After registration of Dhamdaha (Meerganj) PS Case No. 53/2005, police took up investigation and during course thereof, got the respected injured examined afresh, took statement of witnesses, inspected the place of occurrence and after concluding the same, submitted the charge-sheet whereupon, cognizance of an offence was taken, facilitated the trial meeting with ultimate result, subject matter of the instant appeal.