SUBHASH MOHANTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 11.10.2002 passed by Additional Sessions Judge, Fast Track Court, Seraikella in S.T. Case No. 278 of 1992 whereby and whereunde, he convicted the appellant under section 323/34 I.P.C., 325/34 I.P.C. and 387 /34 I.P.C. and sentenced to undergo R.I. For one month under section 323/34 I.P.C., R.I. for two years under section 325/34 I.P.C. and R.I. for three years under section 387/34 of the I.P.C.

(2.) The case of the prosecution as per the fard beyan of Yogendra Thakur is that on 8.2.1990 at about 10.45 a.m. while he was supervising the work of his laboures in his factory , namely, Nebula Product, three persons came on Scooter bearing Registration No. BR-16(S) 3154 along with appellant who was on another scooter. It is further alleged that appellant pointed his finger towards the informant and asked the aforesaid three un-known persons to do their job. It is stated that thereafter appellant went away and the aforesaid three persons, who were armed with hockey stick, came in the factory premises of the informant and demanded Rs. 10,000/- as a donation for the party. It is alleged that when the informant refused to pay the said amount, he has been assaulted by aforesaid three unknown persons due to that he received injury. However, after hearing the hulla, factory workers and other factory owners arrived , seeing them the miscreants fled away. Informant claims that the aforesaid occurrence took place on the behest of Subhash Mohanti( appellant).

(3.) It appears that on the basis of aforesaid fard beyan, Adityapur P.S. Case No. 24 dated 8.2.1990 under section 384, 385, 307/34 of the IPC instituted against the appellant and three un-known persons. Police after investigation submitted charge sheet against the appellant under section 384, 385, 307 and 323/34 of the IPC. Accordingly, cognizance of the said offences had been taken and later on the case committed to the court of Sessions as the offence under section 307/34 of the IPC is exclusively triable by a court of Sessions.