VIJAY YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Above-named appellants has preferred this Criminal Appeal for setting aside the judgment of conviction dtd. 10/5/2006 and order of sentence dtd. 12/5/2006 passed by learned 1st Additional Sessions Judge, Koderma in Sessions Trial No. 39 of 1999 (arising out of Koderma P.S. Case No. 225 of 1995), whereby and whereunder, the appellants have been held guilty for the offence under Ss. 147, 341/149, 323, 325 and 307 of the I.P.C. and sentenced to undergo one year R.I. for the offence under Sec. 147 of I.P.C., further a fine of Rs.200.00 each under Sec. 341 of I.P.C. with default stipulation and further six months R.I. for the offence punishable under Sec. 323 of I.P.C., further sentenced to undergo two years R.I. for the offence under Sec. 325 of I.P.C. and seven years R.I. and a fine of Rs.500.00 with default stipulation for the offence under Sec. 307 of the I.P.C. All the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal is that on 18/7/1998 at 5:30 AM, the informant was going to his field, in the meantime, he saw that boundary wall of his house was being demolished by the accused persons. On objection, the accused persons restrained the informant and started to assault him by rod, lathi, knife and Chhar. Mahadeo Yadav assaulted by iron rod on mouth of informant, on which, his two teeth were broken down and two teeth were displaced. The accused persons thereafter assaulted by Chhar and knife on his leg, hand and back, then he fell down on ground. They ridded on the informant and pressed him. Thereafter, the informant raised alarm and on hearing alarm, many persons of the village came there and save the life of informant.