SUDI MOCHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.3.2003 and 01.04.2003 passed by Additional Sessions Judge, Fast Track Court No. II, Palamau at Daltonganj in Sessions Trial No. 287 of 2000, whereby appellants were convicted under sections 332, 323, 341. Appellant no. 1 further convicted under section 379 of the IPC. All the appellants sentenced to undergo simple imprisonment for one year for each of the offences under section 332, 323 of the IPC and simple imprisonment for one month for the offence under section 341 of the IPC. Appellant no. 1 further sentenced to undergo simple imprisonment for six months under section 379 of the IPC.

(2.) The case of prosecution in short is that on 16.1.1999, while the informant ( a village choukidar) was returning from duty, in the way, he met with Unnet Manji near a grocery shop at Canal bridge of Pokhraha Kala Village. It is further stated that informant stopped there and took a cigarette from a shop and started smoking. During that period appellants came armed with lathi and thrashed the informant by saying that informant used to make complaint against them. Informant received injury on his head, right eye and hand. It is further stated that hearing the cry of informant, Bhola Paswan, Nandu Paswan arrived, then appellants fled away. Thereafter the aforesaid persons took the informant to police station.

(3.) On the basis of statement of informant, Sadar P.S. Case No. 14 of 1999 under sections 341, 323, 325, 333 of the IPC instituted and police took up investigation. After investigation, police submitted charge sheet against the appellant under section 341, 323, 325, 333 and 379 of the IPC. It appears that learned CJM, palamau , took cognizance of the offence and committed the case to the court of sessions.