AZAD TAILOR @ AZAD KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 4.1.2003 and order of sentence dated 6.1.2003 passed by Shri Prem Prakash Pandey, Additional Sessions Judge, Deoghar in Sessions Case No. 284/01, by which judgment he found the Appellants guilty under Sections 448, 341, 323 and 307/34 of the Indian Penal Code and sentenced them to undergo R.I. for 7 years under Sections 307/34 of the Indian Penal Code and R.I. for 1 year under Section 323 of the Indian Penal Code and R.I. for 1 year under Section 448 of the Indian Penal Code and S.I. for 1 month under Section 341 of the Indian Penal Code. He directed all the sentences shall run concurrently.

(2.) It is submitted by the learned Counsel for the Appellants that it will appear from the evidences that the fight took place between two parties with regard to the land of their in-laws' since both are related as brother-in-law (sarhu) having married to two sisters and there was no intention to commit any murder. The injuries found by the doctor, is also simple in nature caused by hard and blunt substance. In that view of the matter, the finding of conviction under Sections 307/34 as also under Sections 448 and 341 of the Indian Penal Code is only fit to be set aside. Moreover, learned Counsel further submitted that since both the parties have compromised the matter and compromise petition has been filed in that regard, which has been duly affidavitated by the accused-Appellant and the informant and as such the finding of conviction under Sections 307/34 as also under Sections 448 and 341 of the Indian Penal Code may also be set aside and the Appellants may be allowed to compromise other sections, which are compoundable.

(3.) On the other hand, learned Counsel for the State has opposed the prayer and submitted that the allegation is that with intention to cause death of the accused, Irshad Tailor had given a blow from stone (lorha), causing serious injuries on the head of the informant and as such allegation under Section 307 of the Indian Penal Code is made out.