SHEOBARAN PAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction dated 23.9.2002 and order of sentence recorded on 24.9.2002 by Shri Kishore Kumar Srivastava, 2nd Additional Sessions Judge, Garhwa in Sessions Trial No. 18/98. by which appellant No. 1 Sheobaran Pal was convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. By the same order, appellant No. 2 Ramchandra Pal was convicted under Section 324 of the Indian Penal Code, whereas appellant No. 3 Manoj Pal was convicted under Section 323 of the Indian Penal Code and both the appellants were released under Section 4(1) of the Probation of Offenders; Act, 1958 on executing bond of Rs. 5,000/ - with one surety each for a period of one year to maintain peace and be of good behaviour.

(2.) Prosecution story in short was that the fardbeyan of the informant Bihari Pal was recorded on 24.7.1997 at Sadar Hospital, Garhwa at about 10:00 a.m. who narrated that on 23.7.1997 at about 5:00 p.m. his co-villagers Sheobaran Pal (appellant No. 1), Gurucharan Pal, Haricharan Pal, Muni Pal, Ramchandra Pal (appellant No. 2), Manoj Pal (appellant No. 3) were draining water to their field by channelizing the water through the field of the informant, thereby damaging the standing crops of the field of the informant. The informant then along with his father Deobaran Pal and his younger brother Arjun Pal went to the field and asked the accused persons to stop doing such act and in the same sequence the informant tried to plug the opening of the channel, it was alleged that the appellant Sheobaran Pal commanded his sons to assault and finish them On such command, it was alleged that: the appellant Manoj Pal inflicted blows with his lathi on the arras of the informant. When the father of the informant Deobaran Pal rushed forward to rescue the informant, other accused brought lethal weapons from their houses and it was alleged against the appellant Sheobaran Pal that he dealt Gadasa blows on the head of the father of the informant as a result of which he sustained bleeding injuries and fell down on the earth. His younger brother Arjun Pal when reached to rescue his father, the appellant Sheobaran Pal inflicted blow with an axe on his head causing injuries. Upon alarm, mother of the informant also arrived at the scene, who was assaulted by Kalawati Devi, Jhunl Devi, Prabha Devi, Rambha Devi and Sugani Devi with fists and slaps. Occurrence was witnessed by the co-villagers and on hearing the occurrence, the elder brother of the informant Pyari Pal arrived at the scene and (sic) all the victims to Garhwa Hospital for their treatment where s(sic) of the informant was recorded and Meral P.S. Case No. 45/97 was instituted for the alleged offence under Sections 147/148/149/307/323/324/430 of the Indian Penal Code against eleven named accused. Investigating Officer after investigation submitted chargesheet against all the armed accused for the alleged offence.

(3.) Prosecution had examined altogether nine witnesses, out of them P.W.-1 Deobaran Pal, P.W.-3 Arjun Pal, P.W.-4 Laxmi Devi and P.W.-5 Bihari Pal (informant) were the injured witnesses. Besides P.W.-2 Pyari Pal claimed to be the eye-witness. P.W.-6 Dr. Ram Naresh Singh Diwakar had examined the injuries of the witnesses and P.W.-7 Rohni Jha was the Investigating Officer of the case. Other two witnesses viz. P.W.-8 Duldul Choudhary and P.W.-9 Ram Surat Choudhary were unfavourable to the prosecution and they were declared hostile.