VIJAY GORAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against judgment of conviction and sentence dated 20.1.2003 passed by the 1st Additional Sessions Judge, Jamtara, in Sessions Case No. 252 of 1999 / Sessions Case No. 8 of 2001 arising out of Jamtara Brindapathar PS Case No. 99 of 1997 whereby the appellant Manohar Routh has been held guilty for offences punishable under section 323 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for one year, whereas appellant no.1 Vijay Gorai has been held guilty for offences punishable under sections 326/307 IPC and accordingly sentenced to undergo rigorous imprisonment for four years and also to pay fine of rupees one thousand under section 326 IPC and in default of payment of fine, to undergo further rigorous imprisonment for six months, rigorous imprisonment for five years and fine of rupees one thousand under section 307 of the Indian Penal Code, and in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) The prosecution case, as it appears from the written report lodged by Panchanan Mahato PW3 is that on 12.10.1997 at 9.30 p.m.- 10 00 p.m. the informant along with his cousin brother Madhav Chanda Mahato had been to the pond for the purpose of watching. They had noticed a nylon net put by someone in the pond for fishing. When they were trying to collect the net from the pond, the appellant Manohar Routh appeared from behind and caused injuries to the informant by means of lathi. Madhav Chandra Mahato flashed torchlight, and they saw that the appellant Vijay Gorai was having a barcha in his hand who also caused injuries to them. In course of running from the place of occurrence, the informant and his companion Madhav Chandra Mahato were further assaulted by other four accused who joined the former accused. During hulla, Sukhmoy Mahto and Mantu Rajak assembled and they helped the informant and the injured in bringing them home. On the following morning ( 13.10.1997), the matter was reported to the Police and case being Jamtara (Binda Pather) PS Case No. 99/1997 under section 447/323/324/34 IPC against the appellant Manohar Rout and other five accused named in the FIR was registered. After completion of the investigation, charge sheet was submitted against all the six accused who were put on trial after framing of charges under sections 341/147/323/324/326/307 and 379/511/34 of the Indian Penal Code.

(3.) The prosecution had examined altogether eight witnesses to substantiate the charges.