SHANKAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction and sentence passed under Ss. 147, 323, 307 and 302 of the IPC. Appeal preferred by Vijay Sahu (appellant no. 4) abated on his death and the instant appeal has been heard on behalf of other three appellants.

(2.) Informant of the case is Anand Sahu whose fardbeyan was recorded on 22/12/1995 at 20:30 hours at Doranda Hospital. As per the fardbeyan, appellant no.2- Munna Sahu had outraged the modesty of his six years old daughter on 16/12/1995 regarding which a fine of Rs.10,000.00 was imposed on him by the Village Panchayat on 19/12/1995. The fine amount was paid at 10 O' clock to the informant in the day time on 22/12/1995 by Munna Sahu. The matters did not end with the payment of fine, and the appellants at around 7O' clock in the evening by forming an unlawful assembly came to the house of informant and started abusing them. On being opposed by informant and Kamta Sahu, appellants variously armed with lathi, Ballam (pointed weapon) started assaulting the informant and Kamta Sahu. On Hulla, villagers gathered there and interceded in the fight. It is further alleged that Bolo Sahu was caught hold by the appellants and thrown into a well, resulting in his death. Informant and Kamta Sahu were also seriously injured in the assault.

(3.) On the basis of the fardbeyan, Doranda P.S. Case No.333/95 was registered against altogether five accused persons including these appellants. Police on investigation, found the case true against the four original appellants who were put on trial for offence under Ss. 147, 323, 307 and 302 of the IPC.