SARHULI BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 5/2/2024 This appeal is directed against the judgment of conviction dtd. 27/2/2017 and order of sentence dtd. 28/2/2017 passed in ST No. 125 of 2011 arising out of Barwadih P.S. Case No.09 of 2010 by the Court of District & 3rd Additional Sessions Judge, Latehar whereby and where under the appellant has been convicted for the offence punishable under Sec. 324 and 307 of the IPC and has been sentenced to undergo R.I. for 3 years u/s 324 IPC and R.I. for 5 years and a fine of Rs.2000.00 and a default sentence of R.I. for 3 months u/s 307 of the IPC. Both the sentences were directed to run concurrently.

(2.) The prosecution story as unfolded in the fardbeyan of the informant Bageshwar Yadav (P.W.3) is as under: On 3/2/2010 tracker guard Sarhuli Singh and the informant had gone to Betla Forest Area Compart-2 for supervision and Security in the said forest area by the order of the Forester Rameshwar Shukla. The informant's nephew Vinay Yadav along with co-villager Satendra Ram was also present there. During patrolling at about 5 P.M. as soon as they were going through Bichhi Tongari Forest Area, they saw that 8-9 persons have cut the Sagwan Tree and were making pieces of Sagwan. Among them Sarhuli Bhuiyan, Satendra Bhuiyan, Surendra Bhuiyan, Sukat Bhuiyan, Birendra Singh, Budhiraj Singh, Sahdeo Singh were identified by them. The said persons started fleeing away after seeing the forest officials but Sarhuli Bhuiyan (Appellant) fired on the informant by 'Bharatua' Gun due to which he received injury on his both knees and fell down. On raising hullah, all the thieves fled away towards south sides of forest along with 'Aari', 'Tangi' and other arms etc. The informant was brought to Primary Health Centre, Barwadih in injured condition by his colleagues and thereafter he was referred to Daltonganj Sadar Hospital. After treatment he returned to Betla Range Office at about 11 PM. The informant has claimed that said persons were committing theft of Sagwan wood from protected forest area and when the forest officials chased them they attacked with gun and injured him.

(3.) The fardbeyan of the informant was recorded by Si Lal Bahadur Ram on 4/2/2010 at about 5.30 o'clock at Betla Range Office. On the basis of fardbeyan Barwadih PS Case No 09 of 2010 dtd. 4/2/2010 Under Ss. 379, 326 IPC, 27 Arms Act and 26/33 Indian Forest Act was registered at Barwadih. After investigation, charge-sheet was submitted against accused-persons including the present appellant for the offences Under Ss. 379, 324, 326, 307/34 IPC, 27 Arms Act and 33/26 Indian Forest Act and accordingly cognizance for the said offences were taken against the accused- persons and thereafter the case was committed to the Court of Sessions.