CHUTARI MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar, learned counsel appearing for the appellants as well as Mr. V.S. Sahay, learned A.P.P. appearing for the State.

(2.) The present appeal has been preferred by the appellants challenging the judgment and order of conviction and sentence dtd. 12/7/2006 passed by Additional District and Sessions Judge, F.T.C. I, Giridih in Sessions Trial Case No.35 of 2001 whereby and whereunder appellants were sentenced to undergo rigorous imprisonment for one year for the offence punishable under Sec. 148 of the Indian Penal Code, rigorous imprisonment for six months for the offence punishable under Sec. 323 of the I.P.C., rigorous imprisonment for two years for the offence punishable under Sec. 324/34 of the I.P.C. and rigorous imprisonment for three years for the offence punishable under Sec. 325/34 of the I.P.C.

(3.) The prosecution case is based on written report by one Wazir Mian (informant) stating inter alia that on 7/6/1999 at about 6:30 a.m., while informant and his family were ploughing a field, some arguments took place between him and Chutari Mian. Later, Chutari Mian returned along with four other persons who were armed with weapons and attacked informant and his family members. Chutari struck informant and his son with a rod causing severe injuries, while other accused persons assaulted informant's family members with stick. The incident was witnessed by neighbours, who intervened.