SURENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellants and learned Spl. P.P. for the State.

(2.) The instant criminal appeal is preferred on behalf of the appellants against impugned Judgment of Conviction dtd. 4/2/2011 and Order of Sentence dtd. 5/2/2011 passed by the learned Sessions Judge, Godda in Sessions Case No.10 of 2010, whereby, the appellant no.1 Surendra Yadav and the appellant no.2 Sri Niwash Yadav have been convicted for the offence under Ss. 307/34 and 447/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for five years along with fine of Rs.5,000.00 for the offence under Sec. 307/34 of the I.P.C. and in default of payment of fine they were directed to undergo simple imprisonment for three months. Further the appellant nos.1 and 2 were directed to undergo rigorous imprisonment for two months for the offence under Sec. 447/34 of the I.P.C. The appellant nos.1 to 3 were also directed to undergo rigorous imprisonment for five years along with fine of Rs.5,000.00 for the offence under Sec. 307/34 of the I.P.C. and in default of payment of fine they were directed to undergo simple imprisonment for three months.

(3.) The prosecution case in brief is that informant Mahesh Prasad Yadav gave the written information with these allegations that in the morning he was at his house, Ranjit Yadav came and told that his elder brothers Surendra Yadav and Sri Niwash Yadav were installing the diesel engine water pump. On receiving this information, he reached there and saw that very engine which was stolen three days ago was with them. On being asked both provoked and they intruded in the house of the informant and began to beat him and assaulted with khanti over the head, whereby he became unconscious. His wife came to rescue and she was also assaulted by Surendra Yadav, Sri Niwash Yadav and Ranjit Yadav as well. On raising alarm, the persons of the village attracted there and the accused persons fled away. On the written information, the Case Crime No.78 of 2009 under Ss. 447/323/324/307/379/34 of the I.P.C. was lodged against the accused Surendra Yadav, Sri Niwash Yadav and Ranjit Yadav.