SAHAL SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 28/7/2005 passed by the court of learned Sessions Judge, Simdega in S.T. No. 72 of 2003 arising out of T.Tangar P.S. Case No. 28 of 2002, G.R. Case No. 209/2002, Simdega, Jharkhand whereby and whereunder the sole appellant was found guilty for the offence punishable u/s 323 of IPC and sentenced to undergo RI for one year.

(2.) The prosecution case arose in the wake of the written statement of informant Arjun Paswan (P.W.6) who stated in his written statement dtd. 26/8/2002 that he was posted at T.Tangar P.S. in Simdega District and on 26/8/2002 in course of inquiry he had gone to village Tukupani, Gurgurtoli in connection of investigation of Sanha case No. 355 dtd. 24/8/2002 and he was accompanied by Chaukidar Lal Mohan Baraik and Junas Soreng. In course of investigation he reached to the shop of the accused-appellant Sahal Sao at about 2.00 p.m. and asked him whether he had injured the dog of Ghuran Sao, the allegation of which has been levelled against him. Thereupon, Sahal Sao, started abusing him and called his associate Praful Kerketta @ Budhu Kermetta (absconding accused), Bahal Sao, Lalia Sao, Somra and Suresh Turi (absconding accused) and some unknown persons. They surrounded him saying to kill him. In order to save himself, he ran away from there and entered into the house of Ghuran Sao and bolted the door from inside. But, the accused persons also reached there and Sahal Sao and Bahal Sao asked to break open the door by using abusing words against him. They started pushing the door violently as a result of which the door got opened and Sahal Sao and Praful Kerketta entered into the room while other accused persons remained standing outside the room. They started assaulting him with lathi indiscriminately. The informant started weeping and begging apology on which Sahal Sao took away diary from him and put him down and also took away Rs.957.00 from his pocket alleging that the money was ill gotten. It was also alleged in the written report (Ext. 2) of the informant Arjun Paswan P.W. 6 that thereafter also they assaulted him, but, he managed to escape from there and reached T.Tangar P.S. He also mentioned in his written report that the Chaukidar accompanying him had seen the occurrence.

(3.) On the basis of written report of informant T. Tangar P.S. Case No. 28/2002 has been registered under Sec. 147, 148, 149, 448, 353, 333, 379, 307 and 504 of IPC. After investigation police submitted the charge sheet vide charge sheet No. 36/2002 on 30/11/2002 under Sec. 147, 148, 149, 448, 353, 333, 379, 307 and 504 of IPC. After taking cognizance the case was committed to the court of Sessions. Learned Sessions Judge, Simdega framed the charge under Sec. 379 of IPC against accused Sahal Sao and under Sec. 307/34, 307/149, 353 of IPC against accused Sahal Sao, Bahal Sao, Jalsa Sao, Laliya Sao. The learned trial court after conducting the trial passed impugned judgment of conviction and order of sentence which is under challenge in this appeal.