SURESH RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of Conviction and order of sentence dtd. 28/9/2004 passed by the learned Additional Sessions Judge-IV, (F.T.C.), Jamtara, in Session Case. No.136 of 1996, whereby and whereunder the accused appellants namely Suresh Rawani, Shambhu Rawani and Basuki Rawani (since deceased) were found guilty for the offence under Sec. 341,323 of IPC and were sentenced to undergo six months simple imprisonment for the offence punishable under Sec. 323 of IPC and one month simple imprisonment under Sec. 341 of IPC and both the sentences were directed to run concurrently. Further the learned trial court has convicted the appellant Usha Devi for the offence punishable under Sec. 341 of IPC only and instead of awarding the sentence, she was directed to be released after due admonition.

(2.) The prosecution case arose in the wake of fardbeyan of PW - 5 Bijoy Singh (informant), which has been recorded by ASI, B.N. Tiwary of Jamtara P.S. at village Tilabad on 22/9/1993 at 06:45 p.m. Informant had stated that on 22/9/1993 at 6 O' clock in the morning he went to the house of Nizam Khan regarding talk over compromise in a case but the accused persons had caused hurt to his wife while she was in her quarter and Shambu torn her blouse and took away Sikri made of silver and a ear ring made of gold. At the same time, Suresh Rawani, Shambhu Rawani, Basuki Rawani, Usha Devi came to the house of Nazim Khan and caught hold of Bijoy Singh (informant) and they started assaulting him by throwing stone. The informant fell down then accused persons assaulted him by fists and legs. In course of this occurrence, a packet containing Rs.1,000.00 (Rupees one thousand) fell down from informant and the accused persons took away the same. The cause of occurrence is that there was a pending litigation in the court and accused persons wanted to kill him.

(3.) On the basis of the aforesaid fardbeyan, a formal FIR was drawn and police lodged Jamtara P.S. Case No.197 dated 22/09.1993 against the accused persons under Sec. 341, 323, 337, 307, 379, 34 of IPC and investigation was taken up and after investigation, the police submitted charge-sheet for the offence punishable under Ss. 341, 323, 337, 307, 379, 34 of IPC against the four accused appellants Suresh Rawani, Shambhu Rawani, Basuki Rawani and Usha Devi and cognizance was taken up and the case was committed to the Court of Sessions. Charge has been framed by Assistant Sessions Judge No. 1 on 23/7/2002 under Sec. 341, 323, 337, 307 of IPC against all four accused persons and under Sec. 354 of IPC against Suresh Rawani, Shambhu Rawani, and Basuki Rawani. The learned Trail Court after conducting the trial, found the appellants Suresh Rawani, Shambhu Rawani, Basuki Rawani guilty for the offence punishable under Ss. 323 and 341 of IPC and the appellant Usha Devi was found guilty for the offence punishable under Sec. 341 of IPC and thereafter the impugned judgment of conviction and order of sentence/admonition was passed by the learned trial court, which is under challenge in this appeal.