SHIV RAM LOHARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant has filed the instant appeal against the judgment dated 28.2.2002 passed in Sessions Trial No. 475 of 1996 by Mr. B. Z. Ansari, Additional District and Sessions Judge, Lohardaga whereby, he has convicted the appellant, namely, Shiv Ram Lohara for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo RI for seven years.

(2.) THE prosecution case, in brief as stated in the written report addressed to the officer -in -charge of Bhandra Police Station is that on 14.6.1995 at about 6 a.m. the informant's son and grandson, namely Jhaleshwar Lohra and Kamal Lohra were constructing mud wall in front of their house. In the meantime, Mangra Lohra, Bandhu Lohra, Shiv Ram Lohra, Bish Ram Lohra and Raj Kumar Lohra of his village came and started abusing them in a utter filthy language. Thereafter, Mangra Lohra and Bandhu Lohra caught hold of his son Jhaleshwar Lohre, and Bish Ram Lohra and Rajkumar Lohra assaulted his son with fists and slaps. Thereafter, Bish Ram Lohra assaulted his son by Balua on his neck by which his son received injury. In the meantime, when his grandson came to save his father, Bish Ram Lohra also assaulted him by Balua by which he has received injury on his left hand, On this, a number of persons of the village came there and objected to the said fight. He has further stated in his written report that the reason of assault was land dispute and he has also stated that the accused and the other persons came there to kill his son. On the basis of the said written report, a case was lodged against five persons namely Mangra Lohra, Bandhu Lohra, Bish Ram Lohra, Rajkumar Lohra and Shiv Ram Lohra under Sections 147, 148, 149, 323, 324 and 307 of the Indian Penal Code.

(3.) THE prosecution has examined nine witnesses to prove its case amongst them P.Ws. 1 and 8 are the two injured persons namely Jhaleshwar Lohra and Kamal Lohra (both are the son and father), P.W. 2 Akbar Ansari is a hearsay witness. P.W. 3 Sk. Basarat has been declared hostile. P.W. 4 Bishwanath Lohra is an independent but hearsay witness. P.W. 5 Somra Lohra is the informant of this case. P.W. 6 Dr. B.K. Pandey, examined the injured persons namely Jhaleshwar Lohra' and Kamal Lohra. P.Ws. 7 and 9 are the formal witnesses. P.W. 7 has proved endorsement of S.I. -Hari Shankar Singh on the written fardbeyan which is exhibited as Exhibit -3. P.W. 9 has proved formal FIR which is exhibited as Exhibit -4. The defence of the accused are totally denial of the occurrence and they have been falsely implicated as there is admittedly a land dispute between them. After considering the evidence of the witnesses, the trial court has acquitted all other co -accused from the aforesaid charges framed against them but convicted the appellant for the offence under Section 307 of the Indian Penal Code as stated above. Thus, only the P.W. 1, P.W. 5, P.W. 6 and P.W. 8 are the main witnesses.