NAGESHWAR BHOGTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.C. Sinha, the learned counsel for the appellants as well as Mrs. Niki Sinha, the learned APP.

(2.) This appeal is preferred against the judgment of conviction and order of sentence, both dated 20.04.2010, passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 297 of 1995, whereby and whereunder, appellant No.1 Nageshwar Bhogta was held guilty for the offence under Section 323 of the Indian Penal Code and sentenced to undergo RI for one year under Section 323 of the Indian Penal Code. The appellant No.2 Rameshwar Bhogta was held guilty for the offence under Section 325 of the Indian Penal Code and sentenced to undergo RI for three years under Section 325 of the Indian Penal Code. The appellant No.3, Kapildeo Bhogta was held guilty for the offence under Section 324 of the Indian Penal Code and sentenced to undergo RI for two years under Section 324 of the Indian Penal Code. Appellants detention in custody during investigation and trial was ordered to be set off.

(3.) The case of the prosecution, in brief, as per the fardbayan dated 04.11.1993 of the informant Bhuneshwar Mistry (PW-4) son of Tukan Mistry (PW-2) is that on 04.11.1993 at about 8:30 am informant's daughter namely Sunita Kumari was going for grazing she goat. Mistakenly, one of the she goat entered into the paddy field of Raj Kumar Bhogta, on which, the son and daughter of Raj Kumar Bhogta assaulted his daughter. Then informant's daughter went weeping to her grandfather Tukan Rana (PW-2) and told about the incident. Thereafter, Tukan Rana went to ask the children of Raj Kumar Bhogta as to why they had assaulted his granddaughter. Then both the son and daughter of Raj Kumar Bhogta went running to their house and, thereafter, Raj Kumar Bhogta, Rameshwar Bhogta, Nageshwar Bhogta, Laxman Bhogta, Bisheshwar, Binod Bhogta and Kapildeo Bhogta came there forming an unlawful assembly armed with lathi, rod, spear and tangi and surrounded his father Tukan Rana (PW-2) and assaulted him, as a result, informant's father sustained injury. When informant went to save his father, then informant was also assaulted and then informant's mother came there then she was also assaulted by the accused persons as a result she also sustained injuries.