JAWAHAR THAKUR Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the judgment dated-15th January, 1999, passed by the learned 1st Additional Sessions Judge, Chatra, in Cr. Appeal No. 179 of 1996, whereby, the appeal filed against the judgment of conviction and order of sentence dated 31st August, 1996, passed by Sri R.K. Choubey, learned Judicial Magistrate, Chatra, in G.R. No. 804 of 1993/T.R. No. 265 of 1996, convicting and sentencing the petitioners for the offences under Sections 325 and 323 of the Indian Penal Code, has been dismissed by the Appellate Court below with modifications. It may be stated that the learned Trial Court had found both the petitioners guilty for the offences under Sections 323 and 325 of the Indian Penal Code and had convicted them for the same, and upon hearing on the point of sentence, the petitioners were sentenced to undergo S.I. for three years each for the offence under Section 325 of the Indian Penal Code. No separate sentence was passed under Section 323 of the Indian Penal Code. In appeal, the Appellate Court below has confirmed the conviction of the petitioners under Section 323 of the Indian Penal Code, but the conviction of the petitioner Jawahar Thakur, under Section 325/34 of the Indian Penal Code has been set aside. The Appellate Court below has also modified the sentence of petitioner Dinesh Thakur to undergo R.I. for six months for the offence under Section 325 of the Indian Penal Code and no separate sentence under Section 323 of the Indian Penal Code, has been passed against him, whereas the petitioner Jawahar Thakur has been sentenced to undergo R.I. for three months for the offence under Section 323 of the Indian Penal Code.

(2.) The record shows that the occurrence had taken place on 27.11.1993, in which it is alleged there was an altercation between the petitioners and the informant Pradeep Kumar Thakur, as some fencing sticks were kept over the land in question, upon which petitioner Jawahar Thakur assaulted the informant with 'lathi', causing injuries on his head. The father and mother of the informant came to his-rescue and they were also assaulted by the petitioners, causing injuries to them. The written information, about the occurrence was given at Chatra Police Station by the informant Pradeep Kumar Thakur, on the basis of which, Chatra (Sadar) P.S. Case No. 277 of 1993 was instituted for the offences under Sections 323 and 325 of the Indian Penal Code and the investigation was taken up. After investigation, the police submitted the charge-sheet and cognizance was taken against both these petitioners, and ultimately, the petitioners were put to trial, in which the charge was framed against them under Sections 323 and 325/34 of the IPC. It appears that in course of trial, nine witnesses were examined by the prosecution including the informant, both the other injured persons, the I.O. and the Doctor and two independent witnesses.

(3.) From the evidence on record it appears that there was land dispute between the parties, on which the occurrence had taken place, for which there were proceedings under Sections 144 and 145 of the Cr.P.C. between them, in which both the parties were claiming possession over the land in dispute, on which occurrence had taken place for keeping the fencing sticks, which was objected by the informant, when he was allegedly assaulted by the petitioner Jawahar Thakur. It has come in evidence that on the same land, there was a 'Macha' of the petitioners, near which the fencing sticks were kept, which stands admitted even in the evidence of the P.W. 3 Pradeep Kumar Thakur, the informant himself, as also of P.W. 6 Barho Thakur, the father of the informant, who had sustained grievous injury in the occurrence. The allegations of assault by the petitioners on the informant and his parents have been fully supported by the prosecution witnesses, including the informant, as well as the father and the mother of the informant, who were examined as P.Ws. 3, 5 and 6 respectively. The injuries were proved by P.W. 7 Dr. Nityanand Mondal, including one fracture on the left arm of Barho Thakur, and the injury reports were proved as Exhibit-2 series. The other injuries on the injured were simple in nature. The I.O. was also examined in this case.