BALDEO MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals have been preferred by the five appellants, namely, Baldeo Manjhi, Rohin Manjhi, Dhena Manjhi of Cr. Appeal (SJ) No. 565 of 2004 and Rijhu Manjhi and Niranjan Ghashi of Cr. Appeal (SJ) No. 865 of 2004 against the common judgment of conviction dtd. 19/3/2004 and order of sentence dtd. 20/3/2004 passed by learned 1st Additional Sessions judge, Bermo at Tenughat, in S.T. No. 333 of 1994/ 24 of 2003, whereby and where under the learned court below has found guilty and convicted the appellants Baldeo Manjhi, Rohin Manjhi, Ghena (Dhena) Manjhi of Cr. Appeal (SJ) No. 565 of 2004 u/s 148, 307/149, 326/149, 379/149 of Indian Penal Code and sentenced the appellants to undergo R.I. for two years for the offence u/s 148 of IPC and five years RI for the offence u/s 307/149 of IPC and three years R.I. for the offence under Sec. 326/149 of IPC and two years R.I. for the offence u/s 379 / 149 of IPC and all the sentences are directed to run concurrently and the appellants Rijhu Manjhi and Niranjan Ghashi of Cr. Appeal (SJ) No. 865 of 2004 are held guilty and convicted u/s 147, 307/149, 323/149, 379/149 of Indian Penal Code and sentenced to undergo S.I. for one year for the offence u/s 147 of IPC and 323/149 of IPC and five years S.I. for the offence u/s 307/149 of IPC and two year S.I. for the offence u/s 379 / 149 of IPC and all the sentences are directed to run concurrently.

(2.) Briefly stating the prosecution story as unfolded in the fardbeyan by informant Ashok Bhagat recorded by the ASI K.P. Singh of Jaridih Police Station in the district of Bokaro (Jharkhand) on 6/11/1993 on 21.30 hours at referral Hospital Jainamore ward is as under:

(3.) Having received the record of complaint, the learned trial court framed the charge against the accused appellants for the offence punishable u/s 147, 148, 307/149, 325/149, 326/149, 379/149 of IPC. After conclusion of the trial, the learned trial court passed the impugned judgment of conviction and order of sentence under which the appellants of both the appeals have been convicted accordingly.