BIRENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence both dtd. 27/11/2006 passed in SC/ST Case No. 07 of 2004 arising out of Balumath P.S. Case No. 28 of 2004 corresponding to G.R. No. 187 of 2004 by the Court of Learned 1st Additional Sessions Judge, Latehar whereby and where under the appellant has been convicted for the offence punishable under Sec. 341, 323, 384 of IPC and also under Sec. 3(1)(x) of SC/ST (Prevention of Atrocities) Act and has been sentenced to undergo S.I for a period of 15 days for the charge under Sec. 341 of IPC, further sentenced to undergo S.I. for a period of six months along with a fine of Rs.500.00 for the offence under sec. 323 of IPC, also sentenced to undergo R.I. for a period of six months for the charge under Sec. 384 of IPC, further sentenced to undergo R.I. for a period of six months along with a fine of Rs.500.00 for the offence under Sec. 3(1)(x) of SC/ST (Prevention of Atrocities) Act and in default of payment of fine, he was further directed to undergo further S.I. for one month. All the sentences were directed to run concurrently.

(2.) The prosecution case arose in the wake of the written report of the informant (P.W.-1) Ram Karan Ram, the then B.D.O. Balumath P.S. Balumath District Latehar dtd. 2/6/2004 to officer-in-charge P.S. alumath. It was stated therein that one Sri Jitu Uraon of village Tasatwar was given the work of leveling of earth from Balumath Block and he wanted to do that work but accused Birendra Kumar @ Bablu S/o Lakhan Sao of village Balumath wanted that the said land leveling work would be done by him and for that he committed Marpit with Jitu Uraon, at the office premises of B.D.O. Balumath and due to the said assault, Jitu Uraon became unconscious. It was further stated that the said Jitu Uraon was sent to the Hospital in unconscious position. It was also stated that Jitu Uraon was a member of "Adiwasi". The informant urged that accused would be legally punished for his work of his assault and also for his attitude of Rangdari.

(3.) On the basis of the aforesaid written report of the informant, Balumath P.S. Case No. 28 of 2004 dtd. 2/6/2004 under Ss. 341, 323 and 384 of I.P.C. and also, under Sec. 3/4 of SC/ST Act was registered. After investigation the I.O., has submitted the charge-sheet in the Court of C.J.M. Latehar on 8/7/2004 and accordingly cognizance was taken for the said offences and was further pleased to transfer the case record for disposal in the file of learned J.M. 1 st Class, Latehar and this case was committed to the court of Special Sessions Judge, Latehar for trial of this SC/ST Case on 24/8/2004.