KISHUN TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellant and learned A.P.P. for the State.

(2.) The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction and Order of Sentence dtd. 24/2/2011 passed by the learned Additional Sessions Judge-cum-F.T.C., Giridih in Sessions Trial Case No.44 of 2000, whereby, the appellant has been convicted for the offence under Ss. 323/34, 341/34, 325/34, 427/34 and 307 of the Indian Penal Code and has been sentenced to undergo simple imprisonment for one year under Sec. 323/34 of the I.P.C., simple imprisonment for one month under Sec. 341/34 of the I.P.C., rigorous imprisonment for three years under Sec. 325/34 of the I.P.C. and rigorous imprisonment for two years under Sec. 427/34 of the I.P.C. Further he was directed to undergo rigorous imprisonment for 5 years along with fine of Rs.5,000.00 for the offence under Sec. 307 of the I.P.C. and in default of payment of fine he was directed to undergo simple imprisonment for three months. All the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that informant Jitan Rajak gave the written information with these allegations that on 17/3/1999 at 10 o' clock of day time, the bullocks, goat and swine of Kishun Turi were grazing the potato and wheat crop of the informant and had damaged the same. He raised alarm whose cattle were those. The wife of Kishun Turi came and began to drive out those cattle. The informant stated that her cattle had damaged his crop and the wife of Kishun Turi hurled abuse to him. In the meantime the son of the informant Ramdeo Rajak began to drive out the cattle with lathi. Kishun Turi, Mahendra Turi, Mohan Turi all armed with lathi and sword came there and began to assault to the son of the informant. Kishun Turi assaulted with sword, whereby the informant's son became injured. Mahendra Turi and Mohan Turi assaulted with lathi to his daughter-in-law. The wife of informant's son, namely, Geeta Devi and his grandson, namely, Shankar Kumar Rajak came to rescue. The wife of Kishun Turi, namely, Manju Devi also assaulted them with lathi and danda. On this written information, the Case Crime No.27 of 1999 was registered with the police station Jamua under Ss. 341, 323, 324, 506/34 of the I.P.C. against the accused Kishun Turi, Mahendra Turi, Mohan Turi and wife of Kishun Turi.