YADAV KOIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the Judgment of Conviction and Order of Sentence dated 07.02.2003 passed in Sessions Trial No. 35 of 1993 by the learned Additional Judicial Commissioner-II, Khunti whereby and whereunder the appellants have been convicted for the offences Under Sections 148,307/149 and 324 of the Indian Penal Code and have been sentenced to undergo Rigorous Imprisonment for 7 years under Section 307/149 of the Indian Penal Code, 2 years for the offence under section 148 I.P.C. and 2 years rigorous imprisonment for offence under Section 324 I.P.C. with a direction to run all the sentences concurrently.

(2.) The prosecution case in brief as per the fardbeyan of the informant Godhu Koiri PW-5 of Village Tetala, Police station- Sonahatu recorded on 06.11.1990 at 11 a.m. is that on 05.11.1990 at about at 9/10 a.m., he was digging a drain for the purpose of irrigating his chilli plants at a place locally known as Daharbad. Suddenly Pushu Koiri, Dinesh Koiri, Madan Koiri,Bhikha Koiri, Mahi Koiri, Yadav Koiri and Nagen Koiri armed with deadly weapon came there and surrounded him. Pushu Koiri gave a tabala blow on the neck of the informant as a result he sustained injury and he fell on the ground.Thereafter, Dinesh Koiri assaulted the informant with stick on his left leg. Krishna Koiri(PW-3), who was going to harvest his paddy crops was pushed by Koka Koiri and then Madan Koiri assaulted him with tabla. At the time of occurrence other accused persons, namely, Bauri Koiri, Gora Koiri, Dhudha Koiri, Sohrai Koiri, Banka Koiri, Ishwar Koiri and Bhola Koiri were also present near the place of occurrence.On alarm many people assembled there but by that time, the aforesaid assailants had fled away. The further case of the prosecution is that land dispute was going on between the Ghashu Koiri(PW-1) and Pushu Koiri and due to this dispute, the aforesaid occurrence of assault had taken place.

(3.) On the basis of the fardbeyan of the informant the police registered Sonahatu P.S. Case No. 60 of 1990 dated 06.11.1990 under sections 147, 148, 149, 323, 324, 307 and 342 of the Indian Penal Code against the accused persons.Thereafter chargesheet was submitted and cognizance of the offences were taken and the case was committed to the court of Sessions. The charges were framed under against the accused persons to which the accused persons pleaded not guilty and claimed to be tried. On conclusion of trial the accused persons or appellants herein were convicted and sentenced as aforesaid. Hence, this appeal.