RATAN BHUIYAN, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A report bearing memo no. 113 dated 24.3.2019 has been received from the officer-in- charge, Latehar Police Station, which is on record, stating that the appellant No.1 Ratan Bhuiyan had died two years ago and as such appeal as regards Ratan Bhuiyan stands abated.

(2.) This appeal is preferred against the judgment of conviction and order of sentence dated 29th August, 2003 and 30th August, 2003 respectively passed by the learned 1st Additional District & Sessions Judge, Latehar in S.T. Case No. 296 of 1999 whereby and where under all the appellants were convicted under section 147/148/307/149 of IPC. Appellant no.1 was sentenced to undergo six months each for offence u/s 147 and 148 of IPC and further under section 307/149 of the IPC to undergo R.I. for a period of 4 years and to pay a fine of Rs. 500/-. Appellant Nos. 2 to 5 were sentenced under sections 147 and 148 of the IPC to undergo R.I. for six months each and further under sections 307/149 of the IPC to undergo R.I. for 5 years each and to pay a fine of Rs. 500/- each. However, all the sentences were ordered to run concurrently.

(3.) The prosecution case,in brief, as per the fardbeyan of the informant Jogendra Paswan PW-1 is that on 18.7.1996 at about 7 a.m. o'clock in the morning, at informant's field situated at village Parsahi, the accused persons Ashok Bhuiyan, Chandra Kishore Bhuiyan, Barat Bhuiyan all sons of Ratan Bhuiyan armed with garasa, Kariman bhuiyan and Rajeshwar Bhuiyan armed with tangi and Ratan Bhuiyan armed with stick where ploughing the field of the informant. The informant along with his nephew Ashok Paswan and Basant Paswan protested then all the accused persons assaulted them with lathi, garasa and tangi as a result they sustained injury on their head and on body.