JITENDRA PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed on behalf of appellant no. 1, Jitendra Pandit @ Jitendra Kumar Pandit, for suspension of sentence dtd. 23/12/2022 passed by the learned Principal Sessions Judge, Giridih in Sessions Trial No. 115 of 2021 arising out of Deori P.S. Case No. 274 of 2020 corresponding to G.R. No.20 of 2021, whereby and whereunder, the appellant has been found guilty and convicted under Ss. 302/34, 307/34, 341/34, 323/34, 324/34, 337/34, 338/34 and 504/34 of the Indian Penal Code and sentenced to undergo imprisonment together with a fine of Rs.10,000.00 for offence under Sec. 302/34 of I.P.C. and in case of default in payment of fine, the appellant had to undergo further R.I. for 6 months and the appellant further sentenced to undergo R.I. for 7 years for offence u/s. 307/34 of IPC, the appellants further sentenced to undergo R.I. for 1 year for offence punishable u/s. 323/34 of IPC, the appellants further sentenced to undergo R.I. for 3 years for offence u/s. 324/34 of IPC, the appellants further sentenced to undergo S.I. for 1 month for offence punishable u/s. 341/34 of IPC, the appellants further sentenced to undergo S.I. for 6 months for offence punishable u/s. 337/34 of IPC, the appellants further sentenced to undergo R.I. for 2 years for offence u/s.338/34 of IPC, the appellants further sentenced to undergo R.I. for 2 years for offence u/s. 504/34 of IPC and all the sentences were directed to run concurrently.

(2.) The prosecution case in short is that on 28/09/2020 at about 06:30 a.m. the female family members of the informant namely Digambar Kumar Pandit, had gone to fetch water from the well situated behind his house. Just then, all the accused persons came there. It is alleged that the accused persons started abusing them and objected for taking water from the said well.

(3.) The father of the informant namely, Nanhku Pandit, (deceased) went there to conciliate amongst them. But while he was returning to his house, all the accused persons assaulted him by means of lathi, danda and bricks as a result of which he sustained serious injuries on his person. Thereafter, he was brought to Hospital for his treatment but during the course of treatment, he died. Whereafter, the informant reported the matter to the concerned police station.