SARJUG TURI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 22-2-1991 passed by 2nd Additional Sessions Judge, Dumka Camp at Jamtara in Sessions Case No. 441/12 of 1986/87 whereby and whereunder the learned Trial Court convicted appellant Nos. 1 and 2 under S. 307 of the Indian Penal Code whereas appellant No. 3 was convicted under S. 323 of the Indian Penal Code and appellant Nos. 1 and 2 were sentenced to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code, whereas appellant No. 3 has been released on furnishing a probation bond of Rs. 2,000.00 with two sureties of the like amount with a direction to keep peace and be of good behaviour for one year.

(2.) The case of the prosecution in brief is that on 23-8-1986 at about 11.30 a.m. while the informant Gujar Turi was returning home and reached near the house of accused Sarjug Turi, all of a sudden, all the four accused persons including the appellants surrounded him and started assaulting him. Appellant No. 1 (Sarjug Turi) assaulted him with Dab whereas appellant No. 2 Chaturi Turi also assaulted with Dab and appellant No. 3 Bideshi Turi assaulted with Danda. It is also alleged that the appellants assaulted the informant only because of enmity between the parties. On hulla, the mother and wife of the informant rushed to the spot and they took him to the hospital thereafter treatment was made by the Doctor. The police investigated into the case and submitted charge sheet under Sections 323, 324 and 307/34 of the Indian Penal Code. All the accused persons appeared before the Trial Court. Charges were framed accordingly under Sections 323, 324 and 307/34 of the Indian Penal Code against the accused/appellants, to which they pleaded not guilty. It may be mentioned here that accused Narayan Turi was not found guilty of the charges framed against him and, accordingly, he is acquitted of all the charges.

(3.) The witnesses were examined in the Trial Court and after hearing both sides the learned trial Court convicted the accused/appellants in the manner as stated above.