AYODHYA MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Onkar Nath Tiwary, the learned counsel for the appellants and Mrs. Niki Sinha, the learned counsel for the State.

(2.) The present criminal appeal is preferred against the judgment of conviction and the order of sentence both dtd. 31/3/2010, passed by the learned 5th Additional Sessions Judge, FTC, Dumka in Sessions Case No. 236 of 2007 and Sessions Case No. 106 of 2008, whereby and whereunder, the appellants were convicted under Sec. 325/34 of the Indian Penal Code and sentenced to undergo RI for three years each.

(3.) The case of the prosecution, in brief, as per the fardbeyan dtd. 8/1/2007 of the informant Nageshwar Mandal (PW-9) is that on 8/1/2007 at about 12:00 O'clock noon, informant with his wife were working as a labourer for digging soil in construction of the dam in the village. Both the appellants Ayodhya Mandal and Manikant Mandal, who were working with them, were also digging the soil. Appellants threw soil in the pit, dug by the informant and when informant tried to stop them, appellants abused the informant and his wife, but, the other labourers pacified the matter. Informant further stated that when they returned home in the evening, then, Ayodhya Mandal, Ramgopal Mandal, Manikant Mandal and Champa Devi abused them and entered into his house armed with sticks and axe and started assaulting him. Ayodhya gave axe blow on the informant's head, causing bleeding head injury. Ramgopal and Manikant gave lathi blow resulting in fracture of informant's right hand and they also assaulted on the informant's left hand and other part of the body as a result informant fell down and became unconscious. Champa Devi assaulted his wife with fist and blow. Thereafter, informant was taken for treatment at Referral Hospital, where informant was treated and then he was referred to Dumka, Sadar hospital.