CHOLWA SUNDI AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants, Cholwa Sundi, Sahdeo Sundi, Subhash Sundi and the accused Bishun Sundi (died during trial) were put on trial on the accusation of making an attempt to commit murder of Rupan Thakur, Ramu Thakur and Tulsi Thakur after forming unlawful assembly whereas the appellant, Nando Sundi was charged under Sec. 307/147 of the Indian Penal Code and all of them were also charged under Sec. 323 of the Indian Penal Code. The trial court having found all the appellants guilty for making an attempt on the lives of Rupan Thakur, Tulsi Thakur and Ramu Thakur, convicted them for the offence punishable under Ss. 307/149 of the Indian Penal Code, vide its judgment dated 26.3.2004 and sentenced them to undergo imprisonment for ten years and to pay a fine of Rs. 5000/ - and in default to undergo simple imprisonment for the period of six months. The case of the prosecution is that on 5.5.1991 at about 5 a.m. while the informant, Rupan Thakur (P.W. 4) had gone to his field to meet the nature of call, the appellant, Cholwa Sundi blocked his way and started raising alarm, upon which Basodeo Sundi, the appellants, Nando Sundi, Sahdeo Sundi and Subhash Sundi as well as accused Bishun Sundi came variously armed and started assaulting him. In that course, Rupan Thakur raised alarm, upon which Ramu Thakur (P.W. 1), Dhaneshwar Thakur (P.W. 2), Mathura Thakur (P.W. 3) and Tulsi Thakur (P.W. 6) came to rescue him but the accused persons assaulted them with lathi, danda and farsa indiscriminately, as a result of which, Ramu Thakur, Dhaneshwar Thakur, Mathura Thakur and Tulsi Thakur received injuries. At the same time, the accused persons also in course of fight also received injuries. Thereafter Rupan Thakur, the informant and other injured came to Koderma Police Station and gave written statement (Ext. 4) at about 6.10 a.m. On the basis of which, a formal FIR (Ext. 2) was drawn and a case was registered as Koderma P.S. case No. 123 of 1991 under Ss. 147, 148, 149, 323, 324 and 307 of the Indian Penal Code. The matter was taken up for investigation by the Investigating Officer, R.P. Tiwari, who got the injured examined by Dr. Ramanand Sharma (P.W. 7) who on examining Ramu Thakur did find following injuries.

(2.) Swelling with red bruise on the back of chest 2" x 1/2"

(3.) The doctor on the person of Mathura Thakur found following injuries.