AJIT JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (SJ) No. 319/2015 wherein Ajit Jha, Mukesh Jha, Vikram Jha, Phul Babu Jha, Suman Jha @ Soman Jha happen to be appellants while in Criminal Appeal (SJ) No. 345/2015, Ranjeet Kumar Thakur @ Ranjeet Thakur, Rinku Thakur @ Reenku Thakur and Lal Saheb are the appellants, commonly originate against the judgment of conviction and order of sentence dated 27.05.2015 passed by 5th Additional Sessions Judge, Madhubani in Sessions Trial No. 61/2011, on account thereof, have been heard together and are being disposed of by a common judgment.

(2.) All the aforesaid appellants have been found guilty for an offence punishable under Sections 147 of the IPC and each one has been sentenced to undergo SI for one year, under Section 353 of the IPC sentenced to undergo SI for one year, under Section 504 / 34 of the IPC sentenced to undergo SI for one year and under Section 323 IPC sentenced to undergo SI for six months with a further direction to run the sentences concurrently.

(3.) Sudhir Kumar (not examined) recorded his self statement disclosing therein that after coming to know about the affray persisting on account of quarrel in between Suresh Mehta, Rakesh Mehta at one side and Dinesh Panjiyar, Ram Prasad Panjiyar and Mukesh at other side whereupon he along with ASI, Bhuneshwar Pd. Singh, Chaukidar No. II/5, Kailash Mandal, Chaukidar No. II/8, Bhikhari Paswan, Chaukidar No. III/5, Raj Kishore Paswan along with reserved armed constables, Rishideo Singh (not examined), Sepoy 314, Dinesh Kumar Tiwari (not examined), Sepoy 14, Ashwani Kumar came at the place of occurrence and then thereafter, pacified the situation. Thereafter they returned back and during course thereof, when they reached at Netaji Chowk, Ranjeet Kumar Thakur @ Ranjeet Thakur, Rinku Thakur @ Reenku Thakur, Lal Saheb, Ajit Jha, Mukesh Jha, Vikram Jha, Phul Babu Jha, Suman Jha @ Soman Jha along with 5-6 unknown persons armed with Lathi and Danda cordoned them and then said that what is the use of police as they themselves happen to be Fauji and then, thereafter, hurled Lathi. Rinku and Ranjeet assaulted him with lathi as a result of which he sustained injury over right palm. Chaukidar, Kailash Mandal came in rescue who was also assaulted by Lal Saheb and Rinku by Lathi. Bhuneshwar Pd. Singh, ASI, Chaukidar, Raj Kishore Paswan, Chaukidar, Bhikhari Paswan, Hawaldar, Rishideo Singh came in rescue who were also assaulted by Ajit Jha, Mukesh Jha, Phul Babu Jha along with 5-6 unknown persons with lathi and danda as a result of which they also became injured. Bechan Sahani (PW 2) came in rescue who was also assaulted by them.