MAKKU KOLE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of admonition dtd. 2/7/2003 passed by 4th Additional sessions Judge, Deoghar in Sessions Case No. 256 of 2001 whereby and where under the appellants were convicted for the offence punishable u/s 323 of IPC and in spite of awarding the sentence the appellants were directed to be released after due admonition.

(2.) Briefly stated the prosecution story as set out in the FIR is as under: The informant Rohan Kole (P.W.6) stated that on 14/12/2000, at about 5 p.m. his cousin-accused Makku Kole came to the house of informant Rohan Kole (P.W. 6) and asked him to flee from that place claiming that he had no right to live there. The informant replied that he was living over the property of his maternal uncle and he was not occupying the property of anyone else, thereupon a dispute arose between both the parties. Then the co-accused Khaku Kole having lathi in his hand, Lakhandeo Kole holding lathi in his hand, Gurucharan Kole holding lathi in his hand and Chhotelal Kole having tangi in his hand came there and Khaku Kole caught the informant and the accused-appellant Makku Kole assaulted with lathi with intent to kill him on his head thereby the informant got injured. The informant further started raising hulla and on hearing hulla Kuldeo Kole (P.W. 4), maternal uncle Ratu Kole (P.W. 1), mother Manuwa Devi (P.W. 2) and bhabhi Sanjhwa Devi (P.W. 3) came to rescue him, then Makku Kole gave a lathi blow on the head of Kuldeo Kole (P.W.4) by which he got injured and Chhotelal Kole assaulted Ratu Kole by Tangi on head, Lakhandeo Kole assaulted the mother of the informant and thereby she sustained injuries on her hand, accused appellant Gurucharan Kole gave a lathi blow on Sanjhwa Devi on her hand. After this the son of Makku Kole namely, Umesh Kole (appellant no. 2) came there armed with lathi and assaulted the informant on his hand and back. On hulla, several people came there and then, the accused persons fled-away.

(3.) A written report was submitted by informant Rohan Kole (P.W.6) at Mohanpur P.S. and a case was registered there under Sec. 147, 148, 149, 341, 323, 324 and 307 of IPC and after completing investigation police submitted the charge-sheet against the accused persons in the court of C.J.M., Deoghar, who took cognizance of the offence against the accused persons and Committed this case to the Court of Sessions. Charge has been framed under Sec. 147, 307/149, 341/149 of IPC. The learned trial court after conclusion of the trial found the appellants guilty for the offence punishable u/s 323 of IPC and accordingly they were convicted thereunder. Further, it appears that instead of awarding the sentence to the appellants they were directed to be released after due admonition by the judgment of conviction and order of sentence which is under challenge.