GANESH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Ganesh Jha @ Lalan Jha has been found guilty for an offence punishable under Section 147 of the I.P.C. and sentenced to undergo S.I. for six months, under Section 323 of the I.P.C. and sentenced to undergo S.I. for six months, under Section 448 of the I.P.C. and sentenced to undergo S.I. for six months, under Section 427 of the I.P.C. and sentenced to undergo S.I. for three months, under Section 3(2)(iii) of the S.C./S.T. (Prevention of Atrocities) Act and sentenced to undergo R.I. for one year as well as to pay fine appertaining to Rs.5,00/- and default thereof, to undergo S.I. for one month in S.C./S.T. Case No.03 of 2014 arising out of Bahera P. S. Case No.202 of 1994 passed by the 1 st Additional Sessions Judge-cum-Special Judge, S.C./S.T., Darbhanga vide judgment of conviction and sentence dated 24.11.2014.

(2.) Before proceeding ahead, it looks pertinent to incorporate that trial proceeded against altogether four accused persons namely Ram Murti Jha, Ram Binod Jha @ Thakur Jha, Kari Jha and Ganesh Jha @ Lalan Jha. Save and except Ganesh Jha @ Lalan Jha, others were found guilty for an offence punishable under Section 147, 323, 448 and 427 of the I.P.C. only and in the facts and circumstances of the case, they were allowed to avail the privilege of Probation of Offenders Act and accordingly, were let off in terms of Section 4 of the Probation of Offenders Act. Because of the fact that there happens to be an allegation against the appellant to have lit fire in the house of the informant, whereupon he has additionally been found guilty under the S.C./S.T. (Prevention of Atrocities) Act, whereupon his interest has been ceased, whereupon, directed to suffer substantial sentence. It is also apparent that remaining convicts Ram Murti Jha, Ram Binod Jha @ Thakur Jha and Kari Jha have not challenged the aforesaid finding.

(3.) Pw-3 Haulu Paswan filed written report on 10.12.1994 at about 8.15 a.m. disclosing therein that on the same day at about 6.00 a.m. Ganesh Jha @ Lalan Jha, Ram Murti Jha, Buchai Jha, Sri Thakur and Kori Jha along with other co-villagers came at his house, made house trespass and began to assault the family members. They were also saying to remove hut from their land. They beg excused, was not accepted by them. Then thereafter, they have looted away their belongings and during course of going there from, Ganesh Jha @ Lalan Jha took out match box and lit fire in his house. They raised alarm attracting the villagers, who extinguished the fire. Manai Paswan (PW-2), Parao Paswan (not examined), Bhutu Paswan (PW-1) along with others were cited as a witness.