LAWS(JHAR)-2005-5-34

RAWINDRA THAKUR Vs. STATE OF BIHAR

Decided On May 06, 2005
Rawindra Thakur Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THESE two appellants were tried jointly for the charges under Sections 307, 324, 323 and 325 of the Indian Penal Code and thereafter by judgment dated 25.3.1991 passed by the 4th Additional Sessions Judge, Santhal Parganas at Dumka in Sessions Case No. 440 of 1984 the appellant No. 1, Rawindra Thakur was convicted for the offences under Section 324 of the Indian Penal Code and sen - -tenced to undergo RI for one year. The appellant No. 2 was convicted for the offences under Sections 323 and 325 of the Indian Penal Code and was sentenced to under go RI for one year under Section 323 and one year further RI for the offence under Section 325 of the Indian Penal Code. However both the sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is that on 6.3.1983 at about 3.30 p.m. fardheyan of Jagat Kishore Thakur (PW 1) was recorded wherein it was alleged that while he was engaged in cutting hair in Manoj Medical Hall, at that time his co villager Pradeep Kumar Singh came and informed that his mother Munia Devi and sister Manju Devi were being beaten by his own uncle Kanak Lai Thakur and his son -in -law Rawindra Thakur. On this information the informant rushed to his house and found his -mother and his sister in injured condition. The informant started making enquiry from his mother regarding the cause of the occurrence then it is said that in the mean time the appellant Kanak Lai Thakur and his son -in -law Rawindra Thakur arrived there armed with lathi and farsa.

(3.) AS it appears from the evidence on record that the case of the prosecution is that the appellant No. 1 Rawindra Thakur assaulted the informant Jagat Kishore Thakur and Girdhari Thakur PW 4 by means of farsa, whereas it is said that the appellant No. 2 Kanak Lal Thakur assaulted the mother of the informant Munia Devi PW 5 and informants 'ssister Manju Devy by means of lathi From the injury report of Munia Devi it appears that she received grievous injury but the said injury has not been examined for the reasons best known to the prosecution therefore if appears that material witness has been withheld by the prosecution.