SHUNTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 13.08.2003, passed by learned Additional Sessions Judge, FTC-I, Chatra in S.T. No. 107/2002 by which learned court-below has been pleased to convict all the appellants under Sections 341, 323, 326 and 307/34 IPC and has sentenced them to undergo RI for one month each under section 341 IPC and further undergo RI for one year each under Section 323 IPC, seven years RI each under Section 326 IPC and further seven years RI each for the charge under Section 307 IPC read with Section 34 IPC. All the sentences were directed to run concurrently.

(3.) The prosecution case as traced out from the written report of Paran Mahto is that on 01.01.2000 at about 4:00 p.m. the ox of the informant Paran Mahto entered into the Khalihan of accused Mohan Yadav. The informant Paran Yadav went there to bring his ox. Accused Mohan Yadav along with his wife Sunti Devi used filthy language against the informant. In the meantime, accused Mohan Yadav gave tangi blow on the head of the informant Paran Yadav. The blood was oozing out from the head of Paran Yadav. On halla, his son Manu Yadav came there with his wife Munia Devi. Accused Bishun Yadav, father of the accused Mohan Yadav also came there with lathi. It is further alleged that Mohan Yadav gave a tangi blow on the head of Manu Yadav with intention to kill him. The blood was oozing out from his head. Manu Yadav fell down on the earth. Thereafter, Bishun Yadav also assaulted Manu Yadav with lathi. Accused Sunti Devi wife of the accused Mohan Yadav also assaulted to Munia Devi with lathi. On halla, Yogeswar Yadav, Dineshwar Yadav and others came there and saved the informant.