HARDU NAGESIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction dated 3.12.2002 and 4.12.2002 respectively, passed by Learned Additional Sessions Judge, F.T.C-I, Gumla in S.T. No. 37 of 1996 whereby the accused-appellants have been convicted under Section 324 read with Section 149 of the Indian Penal Code and sentenced for the imprisonment, already undergone during investigation, inquiry and trial of the case.

(2.) In a nutshell, the prosecution story is that Hafendra Nagesia, appellant No. 4 was 'Pattidar' of the land which was being ploughed by the informant Jitu Nagesia PW10. There had been a protracted land dispute between them since long. On the date of occurrence on 28.5.1995, at about 8.00 A.M, the appellants having weapons, namely Balua, Tangis in their hands came all of a sudden along with one Gandle Nagesia when the informant Jitu Nagesia PW10 along with others namely, Sukhu Nagesia, Sodair Nagesia, Baisukh Nagesia, Guddar Nagesia Buda Nagesia, Sukra Nagesia, Daura Nagesia, Charku Nagesia and two others were ploughing their field. The appellants assaulted the informant PW10 and other witnesses as a result of which they sustained injuries on their persons and they were medically examined by the doctor in Primary Health Centre, Gumla and a report was lodged by Jitu Nagesia, PW10 before the Police. After recording his fard beyan, the Police started investigation and submitted charge-sheet. The learned Trial Court framed charges against the appellants. The accused-appellants denied all the charges and claimed the trial.

(3.) The prosecution, in support of its case, examined PW-1-Sukhu Nagesia, PW-2-Sodair Nagesia, PW-3-Baisukh Nagesia, P.W.4-Guddar Nagesia, PW.5-Buda Nagesia, PW-6-Jagtu Nagesia, PW-7-Sukra Nagesia, PW.8-Daura Nagesia, PW-9-Charku Nagesia, PW-10-Jitu Nagesia, the informant before the Trial Court. They have claimed to be the eye witnesses to the occurrence. The prosecution has also examined PW11 Kuldeep Singh who has given secondary evidence to prove the FIR and the contents of the case diary. The Investigating Officer was not produced before the Trial Court. PW12 Ramesh Prasad Sinha, is a retired employee of Gumla Hospital and he was produced to prove the injury reports prepared by Dr. C.N. Sharma at the time of examination of the injured in the Hospital. He has given secondary evidence before the Court. Dr. C.N. Sharma was not produced before the court.