JHARI RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants against the Judgment of conviction and order of sentence dtd. 12/9/2003 passed by learned Additional Session Judge-VI, Hazaribagh, in S.T. No.200 of 2000, arising out of Keredari P.S. Case No.30 of 1999, corresponding to G.R. No.1302 of 1999, whereby and whereunder the appellants have been acquitted for the offence punishable under Ss. 147 and 364 of IPC and under sec. 17 of the Criminal Law Amendment Act,1908 and they have been found guilty for the offences punishable under Ss. 148, 120-B, 342 and 323 of IPC and they have been sentenced to undergo Rigorous Imprisonment for one year each under Sec. 148, 120-B, 342 and 323 of IPC and it has further been ordered that all the sentences to run concurrently.

(2.) The prosecution case arises in the wake of the fardbeyan of one Baleshwar Rana, aged about 30 years, son of Punit Rana of village keredari, district-Hazaribagh. The said informant Baleshwar Rana had given the fardbeyan before Keredari police alleging that in the night of 31/7/99 at about 10.45 PM, when the informant was about to sleep, the accused Aditya Rana (appellant no.3, hereinafter referred to as A-3) along with other accused persons entered into the house of the informant. They caught hold the arm of the mother of the informant and the accused-appellants persons threatened to open the door. The mother of the informant called Rameshwar Rana, brother, maternal uncle Gandouri Rana and Mamera brother Kailash Rana to open their door. It is further alleged that Rameshwar Rana, Gandouri Rana and Kailash Rana opened their door. In the meantime, accused Aditya Rana, Mahabir Rana, Fagu Rana, Keshwari Thakur, Bahadur Paswan, Jagdish Sao, Arjun Mahto, Bhagirath Mahto and 10-15 other unknown persons armed with revolver and guns, all dragged the brother of the informant Rameshwar Rana, mama Gandouri Rana and his cousin brother Kailash Rana and took them away towards forest south side. The informant further stated that he had seen the occurrence through the window. The night was moonlit.

(3.) Having recorded the fardbeyan, the Keredari police station formerly instituted the FIR vide Keredari P.S. case No.30 / 99 dtd. 1/8/19 for the offences under Ss. 147, 148, 149, 341, 323, 364 and 120-B of the Indian Penal Code and Sec. 17 of the Criminal Law Amendment Act, 1908 and after investigation, the police submitted the charge-sheet, thereafter cognizance taken and the case is committed to the Court of Session. After Commitment the learned court below farmed the charges for the offence punishable under Ss. 147, 323, 364 / 120-B of the Indian Penal Code and Sec. 17 of the Criminal Law Amendment Act, 1908 and the trial of the case commenced. After completion of the trial, learned Trial Court passed the impugned judgment of conviction and order of sentence on 12/9/2003, which is under challenge in the form of Cr. Appeal No.1459 of 2003, in hand.