SHYAM SUNDER RAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment dated 6-10-1997 passed by the learned Sessions Judge, Giridih in Criminal Appeal No. 45/95 by which the learned Sessions Judge, set aside the conviction of the Opposite Parties Nos. 2 to 5.

(2.) The prosecution case in brief is that on 16-3-1990 at about 11 a.m. one Shyamsunder Ram petitioner along with his nephew Jai Prakash Ram while had been for cutting a branch of jack-fruit Tree, the opposite parties Nos. 2 to 5 arrived there and started abusing them and threatened with dire consequences. The opposite party No. 2 Sirja Debi pelted stone upon the petitioner which hit him causing injury. The opposite party Nos. 2 to 5 also started assaulting the petitioner with fist and slaps. It is further alleged that opposite party No. 4 Nand Lal Vishkarma took away a sum of Rs. 200/- in cash which was kept in the pocket of the petitioner. On hullah, the villagers rushed to the spot, thereafter the opposite parties Nos. 2 to 5/accused persons fled away. The Police registered the case for the offence under Sections 341/323/448/337/379/34 of the Indian Penal Code. The Police investigated into the case and submitted charge-sheet.

(3.) All the accused persons/opposite parties Nos. 2 to 5 appeared in the Court below and the charge was also framed which was explained to them to which they pleaded not guilty. The witnesses were examined in the Court below. After hearing the learned Counsel for both sides, the trial Court convicted the accused persons/opposite parties Nos. 2 to 5 under Section 323/34 of the Indian Penal Code and 341/34 of the I.P.C. as well as under Section 337 of the Indian Penal Code.