SHYAM SUNDER CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appeals are directed against the judgment of conviction and order of sentence dtd. 4/8/2006 passed in Sessions Case No. 232 of 1999 and Sessions Trial No. 54 of 2002 arising out of Barharwa P.S. Case No. 111 of 1998 by the court of learned Additional Sessions JudgeI, Rajmahal whereby and where under the appellants have been convicted for the offence punishable under Sec. 342/34,323/34, 325/34 and 307/34 of the IPC and have been sentenced to undergo R.I. for 5 years with a fine of Rs.1000.00 each u/s 307/34 IPC; R.I. for 2 years u/s 325/34 IPC; R.I. for 6 months u/s 342/34 IPC and R.I. for 6 months u/s 323/34 IPC and in default of payment of fine they were further directed to undergo R.I. 3 months. All the sentences were directed to run concurrently.

(2.) The prosecution case arose in the wake of the fardbeyan of the informant (P.W.8)- Seema Choudhary, whose statement was recorded by the A.S.I. Kapil Deo Prasad of Raj Mahal P.S. on 5/10/1998 at 9.30 hrs. at Referral Hospital, Rajmahal, which is as under: On 3/10/1998 at about 5.00 P.M. four accused persons namely Dilip Kumar Chowdhary, Rajesh Kumar Chowdhary, Shyam Sunder Chowdhary and Laxmi Narayan Chowdhary (died during course of trial) entered into the room of the informant and asked her to bring Rs.10,000.00 from her uncle Prabhu Dayal, failing which, she would be killed. When she answered that she was not in a position to bring money the accused persons started abusing her. The accused Rajesh Chowdhary happens to be her brother-in-law (Dewar) and Shyam Chowdhary is brother-in-law (cousin Bhaisur) and Dilip Chowdhary happens to be her uncle-in-law. The informant objected to the abusing. Thereafter the accused Dilip Chowdhary @Dipu Chowdhary assaulted with iron rod upon her head with intention to kill her. He also assaulted her on her arm. Consequently, she sustained injury and fell down. Thereafter the other accused persons assaulted her with legs and fists and they also took away a gold chain weighing two tolas. Thereafter the accused persons went away and bolted the door from outside and they told "let her be dead". On 4/10/98 at about 9.00 P.M. her brother Kishor Jain came from Rajmahal and opened the door and took her to Rajmahal for treatment. Rajmahal police recorded her fardbeyan.

(3.) On the basis of her fardbeyan FIR has been lodged on 5/10/1998 under Sec. 341, 342, 323, 307, 448, 379 IPC. The police took up investigation and submitted charge sheet u/s 341, 342, 323, 324, 307, 379 and 448 I.P.C. against the appellants. The learned A.C.J.M., Rajmahal took cognizance of the offences accordingly and lastly the case was committed to the Court of Sessions. Learned Additional Sessions Judge Fast Track Court, Rajmahal had framed charge under Sec. 342/34, 323/34, 325/34 and 307/34 of IPC on 5/7/2002 against the accused appellants.