LAWS(JHAR)-2024-10-19

JAHANGIR ANSARI Vs. STATE OF JHARKHAND

Decided On October 04, 2024
Jahangir Ansari Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Above named appellants have preferred this criminal appeal challenging their conviction and sentence dtd. 20/1/2018 / 27/1/2018 passed by learned 3rd Additional Sessions Judge, Deoghar in Sessions Trial No. 25 of 2006, arising out of Sonaraithari Sarwan P.S. Case No.84 of 2005 (G.R. Case No.508 of 2005) registered under Ss. 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code, whereby and whereunder, the appellants have been held guilty for the offence under Ss. 307, 323 and 147 of the I.P.C. and sentenced to undergo R.I. for ten years for the offence under Sec. 307 of the I.P.C. with fine of Rs.5,000.00 with default stipulation, R.I. for two years for the offence under Sec. 147 of the I.P.C. and one year for the offence under Sec. 323 of the I.P.C. All the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal in a narrow compass is that on 3/7/2005 at about 6:00 AM, the informant was ploughing his field, meanwhile, present appellants namely, Ashin Ansari (since deceased), Jahangir Ansari, Bhutel Ansari, Karu Mian, Ishaque Mian and Alamgir armed with iron rod, farsa and lathi started assauling the informant on his head and also assaulted Rafique Mian on his head with intention to kill them. Jahangir Mian also threatened to kill them by shooting. It is further alleged that in the said occurrence, Yakub Mian was also assaulted by farsa blow on his head.