STATE OF JHARKHAND Vs. RAJENDRA LOHAR

JUDGEMENT

(1.) The appellant has questioned the legality of the judgment of acquittal dated 9th June, 2003 passed by Sub Divisional Judicial Magistrate, Gumla in G.R. Case No.784 of 1995 corresponding to T.R. No.137 of 2003 whereby and whereunder the present respondent nos.14, have been acquitted of the charges under Sections 379, 325, 147/34 of the Indian Penal Code.

(2.) At the instance of the informantFedrik Tirkey, Gumla P.S. Case No.218 of 1995 was instituted under Sections 147, 148, 149, 307, 325, 379 of the Indian Penal Code on the allegation that on 08.08.1995 at 3.00 p.m. while the informant was doing plantation of paddy alongwith his labour on his land pertaining to Khata No.47, Plot No.167,168,169 and 172 which he had purchased from other cosharer of the respondentaccused, in order to disturb the possession and grab the land, the respondents variously armed with Lathi, Balua came and surrounded the informant and assaulted him with Lathi on his head and on other parts of the body. Whereafter he fell down and became unconscious and when he regained his conscious, he found Rs.2000/, which he had kept in his pocket to pay wages of labour and his wrist watch, missing.

(3.) After due investigation, the police submitted the chargesheet in the aforesaid Sections. Thereafter the case was committed to the court of Sessions but the Sessions court finding no evidence under Section 307 of the Indian Penal Code, returned the file to the court of Chief Judicial Magistrate, Gumla for trial. Accordingly, the court concerned framed the charge against the accused persons under Sections 379, 325 and 147/34 I.P.C.