RAM DHANI HEMROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 2.6.2001 passed Dhananjay Prasad Singh, Sessions Judge, Dumka in Sessions Trial No 76 of 1992, by which judgment the learned Sessions Judge found all the four appellants guilty under Section 304 part-2 of the Indian Penal Code as also under Section 148 of the Indian Penal Code and sentenced the appellant No. 1, Ram Dhani Hemrom to undergo R.I. for 7 years under Section 304 part-2 of the Indian Penal Code and 2 years under Section 148 of the Indian Penal Code. He also sentenced the appellant No. 2, Satto Hemrom to undergo R.I. for 10 years under Section 304 part-2 of the Indian Penal Code and 3 years under Section 148 of the Indian Penal Code. He also sentenced the appellant Nos. 3 and 4, namely, Rasomani Hemrom and Munni Murmu since they were ladies and not participated in the assault and hence sentenced to undergo R.I. for 3 years under Section 304 part-2 of the Indian Penal Code and 1 year under Section 147 of the Indian Penal Code.

(2.) It is submitted by the learned Counsel for the appellants that the main accused, Satto Hemrom against whom there is direct allegation that he assaulted the deceased with 'tangi' on his head as also on his knee, causing his death, has already remained in jail custody for more than 10 years and as such he has remained in custody for more than the sentence. As far as other appellants are concerned the trial court himself found that two ladies appellants, Rasomani Hemrom and Munni Murmu did not participate in assaulting the deceased, Shyamlal Marandi and still the trial court convicted them as there is evidence of enmity between the parties from before and there is a case and counter case. He has farther submitted that there is allegation that the deceased was assaulted by 'lathi' by two persons, Ram Dhani Hemrom and Mihilal Hembrom and both have been convicted under Section 304 part-2 of the Indian Penal Code and also under Section 148 of the Indian Penal Code There is no positive evidence of injury on the tip of the thumb. In that view of the matter, the appellant No. 1, Ram Dhani Hemrom is also entitled to get benefit of doubt like the other two other accused, Basudeo Bhandari and Henod Hembrom, who were acquitted by the trial court.

(3.) Learned Counsel for the State has opposed the prayer and submitted that as per the evidence of the prosecution witnesses all the four appellants had assaulted Shyamlal Marandi and as such they have rightly been found guilty under Sections 304 part- 2 of the Indian Penal Code and also under Section 148 of the Indian Penal Code.