SUGAN SAO & ORS 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 17.12.2002 passed in S.T. No. 09 of 1994 by Shri Ashim Kumar Dutta, Sessions Judge, Hazaribagh, by which he found the appellants namely Naresh Sao and Jibu Sao under Sections 324/148 of the Indian Penal Code and sentenced them R.I. for two years under Section 324 of the Indian Penal Code and R.I. for two years under Section 148 of the Indian Penal Code. Both the sentences shall run concurrently. He also found guilty appellant, namely, Ram Dular Sao under Section 325 of the Indian Penal Code and sentenced him R.I. for three years under section 325 of the Indian Penal Code and other appellants, namely, Sugan Sao, Chintaman sao, Jitan Sao, Tulshi Sao, Fate Lal Sao, Luxmi Sao, Karu Ram, Ashok Sao, Sibu Sao, Bhajan Sao, Charak Sao and Tilak Sao under Sections 323/149 of the Indian Penal Code and sentenced them R.I. for six months for the offence under Sections 323/149 of the Indian Penal Code.

(3.) It is submitted by the learned counsel for the appellants that it appears from the F.I.R. itself that fight took place between them due to land dispute. Since, it is said that two appellants were removing Khutta whereupon the informant objected thereafter informant's son came there to support him then the sons of the accused also came there and assaulted them armed with lathi, spade and tangi, but the doctor report shown that simple injury was found on four injured, caused by hard and blunt substance. Except this, two incise injuries also found on the persons of two injured. In that view of the matter, conviction under Sections 324 and 325 of the Indian Penal Code is bad in law and fit to be set aside.