ASHIKUL SK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 22.02.2003 passed by the learned Sessions Judge, Pakur in Sessions Case No. 130 of 2001, whereby and where under, the learned court below has convicted all the appellants for the offence under sections 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of 7 years for the offence under sections 307/34 of the Indian Penal Code and the period already undergone in custody was ordered to be set off.

(3.) The prosecution story, in brief, as per the fardebyan dated 03-5-2001 of the informant Afsar Ali PW-3 is that informant deals in sell and purchase of ox.On the day of occurrence on 03-5-2001 informant was returning from village Bhera Pokhar after purchasing ox. At about 7:30 p.m. in the evening when the informant reached in between the village Bhera Pokahr and village Naya Pitambara there the informant's son-in-law Ashikul Sk., Zahirul Sk., Tarikul Sk. all sons of Ekramul Sk. and one Ramjani Sk. all resident of village-Naya Pitambara surrounded the informant. All the accused persons were armed with hansua and chheni. First of all informant's son-in-law Ashikul Sk. inflicted hansua blow on the neck and nose and thereafter three other remaining accused persons inflicted hansua and chheni blows on the informant as result informant sustained injury. The informant raised hulla and then villagers and informant's family members came then the accused persons fled away. The reason behind the occurrence as stated by the informant is that informant's daughter Archan Bibi (PW-2) was married to the accused Ashikul Sk. about five years ago and after the marriage Ashikul Sheikh demanded Rs.5000/- in cash and radio in dowry. But, because of the poverty, the informant could not fulfill the demand.