VINOD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction and the order of sentence dated 23.05.2006 passed by Sri Satyendra Kr. Singh, 1st Addl. Sessions Judge, Deoghar, in Sessions Case No.271 of 2001 whereby the appellants have been convicted for the offence under Sections 147 and 307/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for six months with a fine of 500/- for the offence under Section 147 of the Indian Penal Code and in default thereof, further sentence of simple imprisonment for one month. They have been further sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.1000/- for the offence under Section 307/149 of the Indian Penal Code and in default thereof, further rigorous imprisonment for six months. Both the sentences were directed to run concurrently.

(3.) The criminal law has been put in motion by written report dated 20.07.2000 of P.W.2-Niranjan Yadav upon which, first information report has been registered as Sarath (Chitra) P.S. Case No.86 of 2000 ( G.R. Case No. 321 of 2000) under Sections 147, 148, 149, 324, 323, 326, 307, 447, 504 and 341 of the Indian Penal Code. As per the allegation, on 20.07.2000 at about 5.00 a.m., the informant was ploughing Plot No.108 at his village Banjhiken. At about, 6.00 p.m. Vinod Yadav, Bhudeo Yadav and Amuly Yadav armed with Lathi, Sudarshan Yadav armed with Rod and Bharath Yadav armed with Tangi, came there and raised objection. On protest, the informant, his father namely Haradhan Yadav, his aunt namely Astma Devi and his uncle namely Ramdhan have been assaulted by these appellants. As per the allegation, Bharath Yadav assaulted with Tangi on the head of Ramdhan. Axe blow has been given to the informant, uncle and aunt. Thereafter, the informant and his family members had gone to their house and prepared written report and submitted it to the police station, which is the basis for registration of the present FIR.