DEONANDAN CHAUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 17.2.2003 passed in Sessions Case No. 152 of 1993 by Shri Ram Babu Gupta, Additional Sessions Judge, Fast Tract Court No. II, Deoghar whereby whereunder the appellants along with co -accused Jimmedar Chaudhary were found guilty for the offence punishable under Sections 147, 149, 337, 341, 353, 323 and 225 of the Indian Penal Code and they were convicted but they were released on an executing bond of Rs. 5,000/ - with two sureties for a period of two years to maintain peace and be of good behaviour. However, co -accused Jimmedar Chaudhary was released on due admonition. The appellants were, however found not guilty for the offence under Section 307 of the Indian Penal Code though no specific finding in respect thereof stands recorded in the impugned judgment.

(2.) THE prosecution has arisen on the basis of the written report of Surya Kant Jha, A.S.I., Jasidih PS, District Deoghar (Ext. 5) lodged before the said police station on 21.5.1989 at 7.00 hours regarding the occurrence which is said to have taken place on 20th May, 1989 at 22 hours in village Chihomarni, PS, Jasidih, District Deoghar and the case was instituted against the appellants and other co -accused by drawing a formal FIR (Ext. 1) on 21.5.1989.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this got up case by the informant at the instance of PW 1, Hare Krishna Chaudhary and others who are inimical to the appellants prior to the occurrence and enmity between them was existing and alive on the day of the occurrence and they were on litigating terms.