BODHAN SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 21-12-2002 passed by Shri B.K.Gautam, Additional Sessions Judge, Fast Track Court No. II, Palamau at Daltonganj in Sessions Trial No. 179 of 1998, by which judgment he found both the appellants guilty under Sections 324/34 of the Indian Penal Code and sentenced them to undergo R.I. for 3 years and accused-appellant No.2, namely, Ashish Sao is separately sentenced to undergo R.I. for a period of 2 years under Section 354 and is further sentenced to undergo for S.I. for a term of 1 year for an offence under Section 509 of the Indian Penal Code.

(2.) It is submitted by the learned counsel for the appellants that there is no evidence that these two appellants took part in assaulting the informant, Raj Kumar Ram and the statement of the witnesses are contradictory to each other and as such the conviction and sentence of the appellants is bad in law and fit to be set aside.

(3.) On the other hand, learned counsel for the State has opposed the prayer, but admits that the evidence of the witnesses, are contradictory with regard to manner of assault.