PYARE DARBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the impugned judgment and order dated 27.9.2001 passed by Shri Satya Prakash, 2nd Additional Sessions Judge, Dumka in Sessions Case No. 274 of 1995 whereby and whereunder they were found guilty and convicted under Section 302/34 of the Indian Penal Code and they were sentence to undergo R.I. for life and appellant No. 1 Pyare Darbey and appellant No. 2, Doha Darbey were also further found guilty under Section 325 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for five years. Co -accused Tumo Devi has also been found guilty for offence under Section 323 of the Indian Penal Code and she was convicted and sentenced to undergo imprisonment to the period already gone by her in custody. However, co -accused Tumo Devi has not filed any appeal against the impugned judgment.

(2.) THE prosecution case has arisen on the basis of the FIR (Ext. 5) of PW 9 Manti Kuwar, the son of Sukar Kuwar, the deceased of this case lodged before Jama P.S. on 8.6.1995 at 7.45 hours regarding the occurrence which is said to have taken place on that very day at 6.30 hours in village Karhia, P.S. Jama, District Dumka. The FIR has been received in the Court empowered to take cognizance on 9.6.1995 i.e. the following day of the occurrence in question.

(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 case due to enmity which is existing and alive and the informant and others have assaulted all the appellants aforesaid by iron rod and Hasua (Dab) causing injuries on their person and for that a case was also lodged by the appellants against the informant and others on the same day before the Jama P.S. and the informant with a view to counter blast the case filed by the appellants has falsely implicated them in this got up case.