RAJ KISHORE YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction dtd. 9/8/2006 and order of sentence dtd. 11/8/2006 passed by learned 3rd Additional District and Sessions Judge, Dumka (F.T.C.) in Sessions Case No. 348 of 2003, whereby and whereunder the appellants have been convicted for the offence under Ss. 307 of the I.P.C. and sentenced to undergo R.I. of seven years along with fine of Rs.2,000.00 each with default stipulation. One of the co-accused namely, Nand Lal Yadav has been given benefit of doubt and has been acquitted from the charge.

(3.) The factual matrix giving rise to this appeal is that on 21/7/2003, informant Mahadev Yadav along with his daughter Gorbi Devi and Bhaigna Rajesh Yadav and brother Sahdev Yadav were returning from Gangwara Hatia and reached near the house of above appellants then they stopped them and asked as to why they have cultivated Kaaibara land and sown Arhar, inspite of their forbed to cultivate the land till the decision of the Court. Upon this, the informant replied that he has sown in his share of the land. Meanwhile, all the accused persons started abusing in filthy language. It is further alleged that Jagdish and Raj Kishore rushed armed with farsa in their hands with intention to kill the informant party and Jagdish gave a farsa a blow on Gorbi Devi and accused Raj Kishore gave farsa a blow on Sahdev Yadav. Nandlal Yadav had a lathi on his hand. He also started assaulting them with lathi, anyhow the informant party saved themselves raising alarm, then several villagers assembled and accused fled away. The injured persons were brought to police station and thereafter to Hospital. It is alleged that the motive behind the above occurrence is long drawn land dispute between the parties for seven years.