SARBESHWAR GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard the parties.

(2.) This appeal is directed against the judgment of conviction and the order of sentence dated 02.03.2006 passed by Sri Shiva Shankar Mishra, Addl. District and Sessions Judge-IV, Bokaro, in Sessions Trial No.20 of 2003 whereby the appellants have been convicted for the offence punishable under Sections 148 and 307 read with Section 149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years each for the offence under Section 148 of the Indian Penal Code and further sentence of rigorous imprisonment for seven years each for the offence under Section 307 read with Section 149 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) The criminal law has been put in motion by written report of the informant -Niranjan Gorain (P.W.-3) upon which, first information report has been registered as Pindrajora P.S. Case No.92 of 2001 ( G.R. Case No. 1108 of 2001) under Sections 147, 148, 323, 341, 307, 325 and 326 of the Indian Penal Code. As per the written report, disclosed in the FIR, informant had gone to the house of the accused-Nirodh Gorain for demanding money which he has lended to him. When he was returning to his house, Nirodh Gorain armed with Farsa, Subhash Gorain armed with Tangi, Binod Gorain and Shashi Gorain both armed with Lathi started assaulting him with an intention to kill. Nirodh Gorain assaulted with Farsa on his head. Subhash Gorain assaulted with Tangi on his arm and Binod Gorain assaulted him with Lathi. On raising alarm, father of the informant namely Biru Gorain came to the place of occurrence to save his son then he has also been assaulted with Farsa by Nirodh Gorain, with Lathi by Binod Gorain and with Tangi by Subhash Gorain. It appears that all the accused including acquitted female accused have also been alleged to have assaulted the victim namely, Niranjan Gorain(P.W.3- the informant) and his father-Biru Gorain(P.W.-8). Father of the informant has become senseless. The villagers have assembled and brought both the injured persons to the police station from where they have been referred to Chas Referral Hospital. Nirodh Gorain is the relative of the informant from whom, he has borrowed Rs.13,000/-, out of which Rs.4,000/- has already been returned and promise has been made to return the rest of the amount by 16th November, 2001. This is immediate cause of action, which ultimately resulted into the incident.