RABUL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction and order of sentence dtd. 31/3/2003 passed by learned Addl. District and Sessions Judge, Fast Track Court-IV, Bokaro, in Sessions Trial No.36 of 1997, arising out of Harla P.S. Case No.12 of 1996, whereby the accused appellants have been convicted under Ss. 148, 387, 323, 353 and 149 of IPC and sentenced to undergo imprisonment for one year under Sec. 148 of IPC, three years under Sec. 387 of IPC, 6 months under Sec. 323 of IPC and one year under Ss. 353 of IPC and all the sentences shall run concurrently.

(2.) The allegations against the appellant arose in the wake of the fardbeyan dtd. 16/1/1996 of the informant Abodh Goswami P.W.5 that on 16/1/1996, at about 4.30 pm, he was collecting toll in Baruwa- ghat Mela on the occasion of Makarsakaranti from the shopkeepers on behalf of the Mela contractor Manpuran Manjhi. In the meantime, all the six accused-appellants came with lathis in their hands along with 10 to 12 unknown persons. The accused persons asked the informant about mela contractor Manpuran Manjhi and demanded Rs.500.00 as a Rangdari Tax from him. On his refusal, they assaulted the informant with fists and slaps, when constables Ram Lakhan Singh and Jitendra Kr. Gosh deputed on duty in the said Mela intervened to pacify them , then Aftauddin Ansari and Liyakat Ansari caught hold of Ram Lakhan Singh and Rabul Ansari assaulted on the head of Ram lakhan Singh and when the constable Jitendra Kr. Gosh tried to save Ram Lakhan Singh, then Liyakat Ansari and Aftauddin Ansari started assaulting by Lathi by which there was stampede in the mela and the accused persons left the spot after damaging the articles of the shop keepers. The informant named a few witnesses who are said to have seen the alleged occurrence as Yamuna Mandal, Ranjit Mandal,Uttam Goswami,Jharilal Mahto, Kishore Mahto etc.

(3.) On the basis of aforesaid fardbeyan, Harla P.S. Case No.12 of 1996 was registered under Ss. 147, 148, 149, 341, 323, 333, 307, 386, 387, 353, 427 of IPC against all the six accused persons and 10 to 12 unknown persons and after the investigation, the charge-sheet was submitted against all the accused persons and the cognizance was taken. After taking cognizance, the case was committed to the court of sessions. The accused pleaded not guilty to the charges explained to them for the offences punishable under Sec. 148, 341/149, 307/149, 387/149, 353/149,and 427/149 of the IPC and denied the allegations levelled against them and after trial, the learned court below passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.