SURJA PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) C .A.V. ON: 27/03/2015 PRONOUNCED ON: 09/04/2015 This appeal arises out of the judgment of conviction and order of sentence dated 04.01.2005 passed by the learned 1st Additional Sessions Judge, Deoghar in Sessions Case No.214 of 1994/20 of 2004 whereby and whereunder out of the seven appellants, who were put on trial, appellant no.2 - Babumani Pandit was held guilty for the offence under Section 324 of the Indian Penal Code for causing injury to the informant -Shri Rai (P.W.5) and was sentenced to undergo rigorous imprisonment for two years with fine of Rupees five hundred with default clause and all other appellants were convicted for the offence under Sections 324/149 and were sentenced to undergo rigorous imprisonment for two years with fine of Rupees five hundred with default clause to suffer further imprisonment. All the appellants including Babumani Pandit were also convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months with fine of Rupees Five hundred with default clause.

(2.) BACKGROUND facts, in a nutshell, are as follows: - On the basis of the fardbeyan (Ext. -3) of the informant Shri Rai recorded by S.I., Arun Kumar Rai, Officer -in -Charge of Mohanpur P.S. on 07.05.1993 at 3.10 p.m. at village Jhalar in the courtyard of one of the appellant Surja Pandit is that on the same day at 11.30 a.m. he was going to the shop of Balbhadra Modi and when reached near the house of Surja Pandit, suddenly the appellants came there, caught hold of him and assaulted with Lathi. All the appellants forcibly dragged him into the courtyard of the house of Surja Pandit and closed the main door of his house. The appellants threw him on floor of courtyard. Thereafter Babumani Pandit inflicted injuries on both of his legs with sword. Seeing blood coming out of his leg, he became unconscious and regained consciousness after arrival of the police. The motive behind the assault, as disclosed in the fardbeyan, is due to some dispute with the accused persons for the last two years.

(3.) THE police after investigation submitted the charge sheet against all the appellants whereafter the case was committed to the court of Sessions and charges were framed. At this juncture it is relevant to mention that in view of the allegation in the fardbeyan, the occurrence took place at two different places. The first part of occurrence took place outside the house of Surja Pandit when the informant was caught by the appellants and dragged him and assaulted with Lathi. Thereafter they forcibly dragged the appellant into the courtyard of the house of one of the appellant Surja Pandit and closed the main door of his house. The second part of the occurrence took place in the courtyard when there is specific allegation of inflicting injuries with sword by Babumani Pandit to the informant.