UMESH THAKUR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 16th September, 2002 passed by Additional Sessions Judge, F.T.C.III, Bokaro, in connection with S.T. Case No.203 of 1997, whereby the appellants have been held guilty for the offences punishable under Sections 148 and 324 of the Indian Penal Code and, accordingly, they have been sentenced to undergo rigorous imprisonment for one and half years (eighteen months) under each of the sections i.e. Sections 148 and 324 of the Indian Penal Code. The sentences were directed to be run consecutively.

(2.) The prosecution case, in brief, is that on 6th February, 1996, at about 7:00 a.m., when the informant was going to attend his duty, some altercation took place between the informant and his uncleJagdish Thakur. In the meantime, sons of Jagdish Thakur, who have been pleaded as accused, armed with deadly weapon reached to the place. Umesh Thakur (Appellant No.1) ordered to assault and it was followed by rest of the appellants. It is alleged that Jagdish Thakur and Sanjay Thakur caused injury to the informant and his father by means of Farsa, whereas other accused had assaulted the informant and others by means of Lathi, iron rod etc. In the incident, the informantBhola Nath Thakur, his two brothers, namely, Lakhan Lal Thakur and Saryu Thakur and their father Hari Lal Thakur had sustained injuries on their persons. The occurrence was witnessed by nearby people.

(3.) On the basis of the written report lodged by Bhola Nath Thakur (P.W.8), Balidih P.S. Case No.11 of 1996 dated 6th February, 1996 under Sections 323, 324, 341, 307 and 34 of the Indian Penal Code was registered against the appellants/accused.