SUPARI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dated 13.1.2010 and order of sentence dated 14.1.2010 passed by 5 th Additional Sessions Judge, Fast Track Court, Dumka in S.T. No. 319 of 2007 whereby and whereunder appellants were convicted and sentenced under sections 147, 448 and 307/149 IPC and sentenced to undergo R.I. for five years each u/s 307/149 of the IPC. They were further sentenced to undergo R.I. for one year u/s 147 of the IPC and R.I. for one year under section 448 of the IPC. However, all the sentences were directed to be run concurrently.

(2.) The brief facts of the case as narrated by the informant-PW-8 as per her fardbeyan is that she is the wife of Chhabilal Yadav-PW-11 and resident of village Nawadih. In the night of 19.11.2006 at about 1 a.m. all the six named accused forcefully entered in her house by breaking open the door and assaulted her mother Kunti Devi PW-3. When her mother raised hulla, then the informant PW-8 woke up and went to save her mother, then the accused assaulted her too. They were searching for her husband Chhabilal and said that where is he, they will kill him. She and her mother raised hulla, then the villagers Bisheshwar Yadav-PW-4, Manoj Mahato-PW-5, Lalmohan Singh PW-6 and many other persons came there in order to save them from the beatings of the accused. The accused persons broke open her suitcase and took away Rs. 1,000/- and silver chain of 40 grams. They have also exploded two bombs then the villagers were frightened.

(3.) Based on the aforesaid fardbeyan of the informant Jarmundi (T) P.S. Case No. 212 of 2006 was registered under sections 447,341,323,380 and 143 of the IPC and section 4 of the Explosive Substance Act. Thereafter, the investigation was taken up and the charge-sheet was filed against the accused persons. Cognizance was thereafter taken and case was committed to the court of Sessions. The contents of the charges were read over to the accused to which they pleaded not guilty and claimed to be tried. Hence, this appeal.