CHANDRIKA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present Criminal Appeal is directed against the judgment of conviction and order of sentence dtd. 21/11/2006 passed by learned Additional Sessions Judge, F.T.C. No. 1, Palamau at Daltonganj in Sessions Trial No. 310 of 2003 (arising out of Sadar P.S. Case No. 339 of 2001),whereby and whereunder, the appellants have been held guilty for the offence under Sec. 148, 323 and 324/149 of the I.P.C. and sentenced to undergo R.I. of two years along with fine of Rs.3,000.00 each for the offence under Sec. 148 of the I.P.C., S.I. of one year for the offence under Sec. 323 and R.I. of two years along with fine of Rs.3,000.00 each for the offence under Sec. 324 of the I.P.C. with default stipulation. All the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal is that on 20/10/2001 at about 8:30 P.M. informant Shobhi Yadav was pegging his buffalo in his land situated near the road, meanwhile, above appellants and 3 to 4 others unknown persons went towards Bhandar grih of informant and started searching his son Rajendra Yadav and before the informant could understood the matter, the accused persons started attacking with sword, gadasa and lathi blow on him. The informant's wife Sidho Devi rushed to rescue him, then she was also assaulted and when the informant became unconscious, the accused persons assuming that he has been died, they fled away. The injured persons were brought to Hospital for treatment. The informant has claimed that the motive behind the occurrence was slight exchange of words between son of the informant namely, Rajendra Yadav and accused Dharamdeo Ram at about 7:00 P.M. Thereafter, the accused persons ultimately assembled with intention to kill the informant's son and have attacked on them.