LAWS(JHAR)-2022-2-58

INDRASEN PANSARI Vs. STATE OF JHARKHAND

Decided On February 08, 2022
Indrasen Pansari Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence dtd. 11/9/2003 passed by the Additional Sessions Judge, IX- Dhanbad in Sessions Trial No. 262 of 2001 corresponding to Jharia P.S. Case No. 289 of 1999 and G.R. No. 2939 of 1999 whereby and whereunder, the appellant no. 1 Indrasen Pansari has been convicted u/s 324 of IPC and sentenced to undergo R.I. for one year and pay a fine of Rs.3000.00 and the appellant no. 2 .. Ghanshyam Garg has been convicted u/s 323 of IPC and sentenced to undergo R.I. for six months and a fine of Rs.1000.00.

(2.) Briefly stating the prosecution story arose in the wake of the fardbeyan of Dilip Kr. Verma (P.W. 4) whose statement was recorded at Gariwan Patti (Bhaga) by S.I. Anant Ranjan of Jharia P.S. at about 17 hours. P.S. Jharia, District Dhanbad on 21/9/1999 is as under:-

(3.) On the basis of the aforesaid fardbeyan, a formal FIR was instituted vide Jharia P.S. Case No. 289 of 1999 dtd. 21/9/1999 for the offences punishable u/s 341, 342, 323, 324, 307, 379, 506, 34 of IPC. After completion of the investigation charge sheet was submitted and cognizance was taken. The case was committed to the Court of Sessions and the charge was framed by the learned trial court against the accused appellants on 1/3/2002 for the offence punishable u/s 307 and 324 of IPC read with sec. 34 of IPC whereby the accused appellants did not plead guilty and claimed to be tried. After completion of the trial, the learned trial court has passed the impugned judgment of conviction and order of sentence which is under challenge.