FAGUNI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Above named the appellants has preferred this criminal appeal challenging their conviction and sentence dtd. 30/3/2006 and 31/3/2006 passed by learned 4th Additional Sessions Judge, Fast Track Court No.-1 Godda in Sessions Trial No. 169 of 2001 and 73 of 2005, convicted for the offence under Ss. 148, 448, 323/149, 326/149 of the Indian Penal Code, whereby and whereunder, the appellants have been sentenced to undergo imprisonment of one year for the offence under Ss. 148, 448 and 323 read with Sec. 149 of the I.P.C. Each of them has been further sentence to undergo R.I. for three years under Sec. 326/149 of the I.P.C. All Sentences were directed to run concurrently.

(3.) Factual matrix giving rise to this appeal in a narrow compass is that on 25/10/2000 at 11:30 AM. Accused persons came up to the informant's door and started abusing her. Thereafter, all the accused persons having Lathies entered in the house of the informant and started assaulting her, her sons and daughter and at that time informant's husband was not present inside the house. Upon raising alarm, her husband came there and rescued his wife. Again when her husband went outside of the house and asked for the reasons of assault, then all the accused persons entered into her house and assaulted them with bamboo sticks (lathi-danda), leg and fist, resulting head injuries to her husband.