BALARAM LOHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Appellants and the learned Counsel for the state.

(2.) The instant appeal is directed against the judgment of conviction and order of sentence dated 11.12.2002 passed in S.T. No. 146 of 1988 by Shri B.K. Goswami, 2nd Additional Sessions Judge, Seraikella, by which he found the Appellants guilty under Sections 148 and 307/149 of the Indian Penal Code and sentenced Appellant No. 1 Balram Lohar to S.I. for two years and a fine of Rs. 2000/- under Section 307/149 of the Indian Penal Code and S.I. of five months and a fine of Rs. 1000/- under Section 148 of the Indian Penal Code, in default of fine the accused Balram Lohar shall undergo one month and fifteen days S.I. respectively and sentenced Appellant Nos. 2 and 3 namely Bishu Lohar and Lelo Lohar to S.I for five years, and a fine of Rs. 5000/- under Section 307/149 of the Indian Penal Code and S.I. for one year each and a fine of Rs. 1000/- under Section 148 of the Indian Penal Code, in default of fine the accused Bishu Lohar and Lelo Lohar shall undergo two months and fifteen days S.I. respectively. Both the sentences shall run concurrently.

(3.) It is submitted by the learned Counsel for the Appellants that it is an admitted fact that these is land dispute between Appellants and his uncle. The informant had grabbed the land of the Appellants by forge. They had gone there only for raising objection. There is no allegation of assault by them. The assault was made only by the accused Lakhan Lohar, who died in the course of trial and as such, the conviction of the Appellants under Sections 148 and 307/149 of the Indian Penal Code is bad in law and fit to be set aside.