LAWS(JHAR)-2004-5-24

HIRA LAL YADAV Vs. STATE OF JHARKHAND

Decided On May 13, 2004
HIRA LAL YADAV Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This revision application has been preferred by the petitioner against the order dated 17th August, 2002 passed by the learned Additional District and Sessions Judge, Jamtara in Sessions Trial No. 270 of 2001, whereby and whereunder, the petition for discharge filed by the petitioner under Section 227 of Cr PC has been rejected.

(2.) The case of prosecution as per fardbeyan of Shiv Chandra Prasad (deceased) recorded by ASI, of Mihijam Police Station of 9th March, 1992 at 8 a.m. is that while he had gone to his Sand ghat at 6 am for measuring and loading sand on truck. Rejendra Yadav, Ganesh Yadav along with unknown person, whom the informant can identify, came with weapons Rajendra Yadav came along with bhala and asked about the lease papers upon which the informant replied that the documents will be shown to the officers. Thereafter, Rajendra Yadav assaulted the informant causing grievous injuries at various places Ganesh Yadav also assaulted the informant on his head by farsa causing bleeding injury.

(3.) It was further stated that one unknown person also assaulted him by iron rod and Rajendra Yadav took Rs. 500/- from his pocket. The occurrence is said to have been witnessed by the Driver of truck No. 7869 who was present in the Sand Ghat.