BAIJNATH SONAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 09.10.2002 passed by the learned Additional Sessions Judge, Fast Track Court No. -III, Garhwa in Sessions Case No. 335 of 1988 convicting the appellants -Baijnath Sonar, Sarju Sonar and Rajendra Sonar under section 326 IPC and they have been sentenced to undergo R.I. for three years, whereas appellant -Surendra Sonar was convicted under section 323 IPC and sentenced to undergo R.I. for six months.

(2.) THE prosecution case in brief is that a fardbeyan was lodged by the informant -Baikunt Choubey on 29.07.1987 at about 10.45 AM that when he went on his land, he found the appellants ploughing it. There was litigation with regard to the land in question and the prosecution party had a decree from the Court of Commissioner at Ranchi in their favour and a demand was also settled. The informant along with his brother Hirachand Choubey went to the land and asked the accused persons not to plough it. All of a sudden, appellants -Baijnath Sonar and Sarju Sonar and one accused Ramsurat Sonar (now deceased) hit him by 'garasha', placed nearby, on his head causing bleeding injury. Appellants -Rajendra Sonar and Surendra Sonar armed with lathi arrived there and assaulted on his left hand. When Hirachand Choubey tried to protect him, the appellant -Sarju Sonar hit him on the right side of his head by 'garasha'. Surendra Sonar hit Hirachand by lathi on his left hand. Upon alarm raised by the informant party, co -villager Dhirendra Choubey arrived there who had seen the occurrence.

(3.) ON the other hand, learned State counsel supported the impugned judgment.