CONGRESS ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 13/1/2005 passed by the court of learned Additional Distt. and Sessions Judge, 1st Fast Track Court, Giridih in S.T. No. 117 of 2000 whereby and whereunder the learned court below convicted the appellants u/s 341, 323 and 325/34 of IPC and sentenced to undergo RI for one month each under Sec. 341 of IPC, RI for six months each under Sec. 323 of IPC and further RI for two years each u/s 325 of IPC and further directed that all the sentences shall run concurrently.

(2.) The prosecution case in short is that on 2/8/1998, the informant and his cousin brother Rewat Rana were ploughing the field at mauja Barasinga Bahiyar at about 9.30 a.m. when the accused Angrej Roy and Congress Roy came there and started to uproot the seed plants of paddy crops from the field of the informant. The informant protested them upon which the accused persons abused him and claimed the said land as their own. Thereafter, the accused Congress Roy gave blows by a piece of bamboo to the informant causing him injuries on left hand, shoulder, back and neck. The informant fell down and thereafter the accused Angrej Roy further assaulted the informant by danda. Rewat Rana tried to save the informant, but, he was also assaulted by the accused persons. On alarms the witnesses reached there. However, Rewat Rana fled away to his village and when the witnesses reached the place of occurrence they sprinkled water on the face of the informant on which the informant regained his consciousness. He has further alleged that the accused persons are mighty persons and he came to Sadar Hospital, Giridih on 3/8/1998 and got himself treated there.

(3.) On the basis of the fardbeyan of the informant Ramesh Rana this case was registered as Deori P.S. Case No. 77/98 u/s 341, 323, 325, 307/34 of IPC against the above named accused persons and the cognizance has been taken by the learned C.J.M. Giridih under the aforesaid Sec. against the above named accused persons and committed this case to the court of sessions on 6/3/2000 for trial and disposal where this case was numbered as S.T. Case No. 117 of 2000. Thereafter charge was framed u/s 341/34, 323/34, 325/34 and 307/34 of IPC on 14/8/2001 against the above named accused persons. The learned trial court after conducting the trial passed the impugned judgment of conviction and order of sentence which is under challenge.