BANSHI ROUT Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal at the instance of the appellants stand directed against the impugned judgment and order dated 30.11.1998 passed in Session Trial No. 282 of 1993 by Shri Dhruv Narayan Upadhaya, 1st Additonal Sessions Judge, Giridih whereby and whereunder appellant Jagdeo Raut and Bansi Raut were found guilty for the offence punishable under Section 324 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for two years and to pay a fine of Rs. 200/and in default thereof to undergo S.I. for 15 days and appellant Damodar Raut was found guilty for the offence punishable under Section 323 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for six months and to pay a fine of Rs. 200/ - and in default thereto to undergo S.I. for 15 days. However, the appellants aforesaid and other co -accused persons were not found guilty for the offence under Section 302/149, 147 and 148 of the Indian Penal Code and they were acquitted in respect thereof. Case of co -accused Nakul Raut has been separated and sent to the juvenile court vide order dated 8.1.1998 for trial.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of informant Arjun Raut (since dead) the brother of Latan Raut, the deceased in this case recorded by A.S.I., N.K. Singh at the place of occurrence i.e. Pandeybari Bahiyar of village Manditar, P.S. Hirodih, District Giridih on 15.6.1991 at 9.45 hours regarding the occurrence which is said to have taken place on that very day at 6.00 hours and the case was instituted against the appellant and others by drawing of a formal F.I.R. on that very day at 17.00 hours which was received on 16.6.1991 in the court empowered to take cognizance.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to land dispute.