STATE OF JHARKHAND Vs. RAMAI KARUA

JUDGEMENT

(1.) Heard the learned counsel for the respective sides.

(2.) These appeals are directed against the judgment of conviction dtd. 6/8/2022 and order of sentence dtd. 18/8/2022 passed by Sri Rajendra Kumar Sinha, learned Additional Sessions Judge-IV, East Singhbhum, Jamshedpur in Sessions Trial No. 199/2021, whereby and whereunder all the appellants have been convicted for the offences punishable u/s 147/148/323/149/307/149/325/149 of the I.P.C. while the appellants Ramai Karua, Gangadhar Khandait, Shyamo Jojo, Sriram Angaria, Gopal Tiriya, Basudeo Mahto, Sharat Gope, Shivshankar Paswan, Jani Ansari, Sanjay Diggi, Ramrai Surin, Arup Kr. Bose, Ajay Mallah, Pinku Purty and Panchanan Patro have been additionally convicted for the offence punishable u/s 302/120B of the I.P.C. and all the appellants have been sentenced to undergo R.I. for 10 years for the offence punishable u/s 307/149 of the I.P.C., R.I. for 05 years for the offences punishable u/s 325/149 of the I.P.C., R.I. for the 01 year for the offence punishable u/s 323/149 of the I.P.C, R.I. for 01 year for the offence punishable u/s 147 of the I.P.C., R.I. for 02 years for the offence punishable u/s 148 of the I.P.C., while the appellants Ramai Karua, Gangadhar Khandait, Shyamo Jojo, Sriram Angaria, Gopal Tiriya, Basudeo Mahto, Sharat Gope, Shivshankar Paswan, Jani Ansari, Sanjay Diggi, Ramrai Surin, Arup Kr. Bose, Ajay Mallah, Pinku Purty and Panchanan Patro have been sentenced to death which shall mean that they shall be hanged by neck till their death along with a fine of Rs.5,000.00 and in default of payment of fine to further undergo S.I. for 01 year for the offence u/s 302/120B of the I.P.C.

(3.) Based on the aforesaid allegations Parsudih P.S. Case No. 139/2019 was instituted for the offences punishable u/s 147/ 148/ 149/ 341/ 323/ 324/ 325/ 307/ 302/120B of the I.P.C. against 29 named and some unknown persons. On completion of investigation charge-sheet was submitted u/s 147/ 148/ 149/ 341/ 323/ 325/ 307/ 120B of the I.P.C against Harish Singh, Avinash Srivastava, Sonu Lal, Sumit Singh, Ajit Das, Md. Tauqueer, Saurav Kr. Singh, Shoaib Akhtar and Rishi Lohar showing Manoj Kumar Singh as dead and u/s 147/ 148/ 149/ 323/ 341/ 325/ 307/ 302/120B of the I.P.C. against Ramai Karua, Gangadhar Khandait, Shyamu Jojo, Sriram Angaria, Gopal Tiriya, Basudeo Mahato, Sharat Gope, Shiv Shankar Paswan, Jani Ansari, Sanjay Diggi, Ramrai Surin, Arup Kr. Bose, Ajay Mallah, Pinku Purty, Panchanan Patro, Anil Kumar, Pankaj Mandal, Ram Pratap Yadav and Santosh Kumar showing lack of evidence against Rameshwar Angaria. After submission of charge-sheet cognizance was taken and the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 199/2021. The case record of Harish Singh, Avinash Sriastava, Anil Kumar, Pankaj Mandal, Ram Pratap Yadav and Santosh Kumar was separated vide order dtd. 5/3/2022. Charge was framed against the accused Shoaib Akhtar, Md. Tauqueer, Ajit Das, Sonu Lal, Sumit Singh, Rishi Lohar and Saurav Kr. Singh for the offences punishable u/s 147/ 148/ 323/ 341/ 325/ 307/ 149 of the I.P.C. and against the accused Ramai Karua, Gangadhar Khandait, Shyamu Jojo, Sriram Angaria, Gopal Tiriya, Basudeo Mahato, Sharat Gope, Shivshankar Paswan, Jani Ansari, Sanjay Diggi, Ramrai Surin, Arup Kr. Bose, Ajay Mallah, Pinku Purty and Panchanan Patro for the offences punishable u/s 147/ 148/ 149/ 323/ 341/ 325/ 302/ 120(B) of the I.P.C. which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.