TETRU MARIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Sunita Kumari, learned Amicus Curiae appearing for the appellants and Mr. Prabir Chatterjee, learned Spl.P.P. appearing for the State.

(2.) Above named appellants have preferred this criminal appeal challenging their judgment of conviction and order of sentence dtd. 18/7/2006 passed by learned 4th Additional Sessions Judge, (F.T.C.), Dumka in Sessions Case No. 189 of 2003 / 62 of 2004, whereby and whereunder, the appellants have been held guilty for the offence under Ss. 323 and 341 of the I.P.C. and instead of granting any substantive sentence, the trial court has given the benefits of Sec. 4 of the Probation of Offenders Act, 1958 and directed to be released on probation bond for maintaining of peace and good behaviour for a period of one year and to appear and receive sentence when called upon during such period.

(3.) The factual matrix giving rise to this appeal in a narrow compass is that the informant was living in the house of his mother-in-law and looks after her property. The father-in-law of the informant has no son, but only daughter. On 14/6/2002, the informant was ploughing the land of his mother-in-law, at that time, accused persons namely, Dinu Marik, Kailash Marik, Kikiya (Kiya) Devi, wife of Dinu Marik, Jaganwati Devi, wife of Baleshwar Kapri, Nipan Marik, all are resident of Village ' Kapati, P.S. ' Hansdiha, District ' Dumka, variously armed with lathi, danda came in the field and asked him to stop to plough the field. The informant told them that the land belonged to his mother-in-law and he has been in possession of this land since long. Upon this, Dinu Marik assaulted on his head with lathi and the rest accused persons caught hold him and they assaulted with fists, slap and danda. At the time of occurrence, he raised alarm and after hearing alarm, the villagers reached there and on seeing the villagers, the accused persons fled away. It is alleged that due to assault, the informant sustained bleeding injuries on his head, left hand, shoulder and other parts of the body.