ROPANA AHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 3/5/2006 and order of sentence dtd. 5/5/2006 passed in Session Trial No.404 of 2000, G.R. Case No. 1699 of 1999 arising out of Lapung P.S. Case No. 34 of 1999 by the Court of Learned Additional Judicial Commissioner, F.T.C. Court No.-X, Ranchi, Jharkhand whereby and where under the appellants have been convicted for the offence punishable under Ss. 307/34, 326/34 and 325/34 of IPC and have been sentenced to undergo R.I. for four years and fine of Rs.4,000.00 in default of payment of fine further S.I. for two months each under Ss. 307/34 of the IPC, further more they were sentenced to undergo R.I. for three years and a fine of Rs.2000.00 and in default of payment of fine, further S.I. for two months each under Sec. 326/34 of the IPC, further more they were sentenced to undergo R.I. for two years and a fine of Rs.1000.00 and in default of payment of fine, further S.I. for one month each under Sec. 325/34 of the IPC. However, all the sentences were directed to be run concurrently.

(2.) The prosecution case had arisen on the basis of Fradbeyan (Ext-2) of the informant Prem Lal Sahu (PW-3) S/O Baldeo Sahu resident of village Dimba P.S. Lapung, Dist. Ranchi, which was recorded by A.S.I. G.D Sharma (PW-6) of Lapung P.S. on 24/7/1999 at 6:00 A.M. at PHC Lapung. The prosecution story as unfolded in the F.I.R. is that on 23/7/1999 at 7.30 PM, informant Prem Lal Sahu along with his elder brother Lakhan Lal Sahu (PW.2) and one villager Gulla Sahu (PW1) were returning from his old house to newly constructed house and when reached near the Primary school they saw some persons had climbed over his Jack fruit tree situated by the side of road. The informant asked the person who had climbed over the Jackfruit tree as "who are the thieves steeling the Jackfruit". Thereupon, the person who had climbed upon the tree came down from the tree, at the same time and accused Bahuran Ahir, Ropana Ahir, Charku Ahir and Jethu Ahir who had concealed themselves behind the bushes also came there having TANGI and DANDA in their hands and objected the informant saying 'SALA TELI HOKAR CHOR KAHEGA". Immediately, thereafter accused Bahuran Ahir who was armed with TANGI gave two to three TANGI blows on the right shoulder of the informant and one TANGI blow on the right side of the head of the informant and thereby caused injuries to him. The informant's elder brother Lakhan Lal Sahu with a view to save the informant went there then he was also assaulted with TANGI on his head and caused injuries to him. On intervention by Gulla Sahu he was also assaulted by accused Jairam Yadav, Bahuran Ahir, Charku Ahir, Jethu Ahir and Ropana Ahir with LATHI on his head and also caused serious injuries to him. On hulla the villagers came and saw the occurrence and then the accused persons fled away. Thereafter the informant's father and other persons of the Mohalla carried the informant and injured to the Primary Health Centre. It was alleged that all the accused had gone to steal away the Jack fruit from the informant's tree when they were caught and out of annoyance, they assaulted with LATHI and TANGI and caused injuries to the informant and others. Later the doctor at Lapung P.H.C. referred the informant and other injured to the R.M.C.H. Ranchi for treatment and investigation where they were treated and examined by the Doctor.

(3.) On the basis of the fardbeyan of the informant, Lapung P.S. case No.34/994 dtd. 24/7/1999 under Sec. 341, 323, 324/34 IPC was registered and the formal F.I.R. was drawn. The police sprung into action and after investigation submitted charge sheet and the basis of the same learned C.J.M. Ranchi took cognizance of the offences on 22/1/2000 and also made over the file to the court of J.M. Ranchi for commitment. The learned Judicial Magistrate after observing formalities of the procedure committed the case to the court of session's on 6/7/2000. Learned Judicial Commissioner, Ranchi after receipt of the committed record registered the same as S/T.No 404/2000. Learned Judicial Commissioner, Ranchi had framed charges against all the five accused persons under Sec. 307/34, 324/34 on 21/2/2002. Later on, charge was amended vide order dtd. 28/4/2006 under Sec. 326/34 and 325/34 of IPC. During the course of trial accused Jairam Ahir absconded hence his trial was separated vide order dtd. 20/10/2005 and the case was proceeded against remaining four accused persons.