AMAL DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal is directed against the judgment of conviction and the order of sentence, both dtd. 29/10/2003, passed by the learned Additional District and Sessions Judge, Fast Track Court No. II, Jamshedpur in S.T. No. 67 of 1995, whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for seven years under Sec. 304 Part-I of the Indian Penal Code.

(3.) The prosecution case in brief is that on 30/8/1993 at about 10 A.M., the informant along with his brothers and uncle went to see his land. They found that their land was under boundary wall and the egress and ingress upon the land was closed. It is further alleged that when they tried to demolish the wall then the appellants and their younger brother armed with rod, sword, sabal and spade came there and they started abusing and assaulting the informant parties. As a result, Chittaranjan Das and Sudhansu Das received injury and blood started oozing. Thereafter, appellants fled away and took shelter in the nearby house. In the meantime, police came there and caught the appellants.