SOMRA SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29.7.2002 and 30.7.2002 passed by the Additional District and Sessions Judge, Fast Track Court, Gumla in Sessions Trial No. 196/2002, whereby and whereunder the learned Sessions Judge convicted the appellants under Sections 307/34 IPC and sentenced them to undergo RI for three years and under Section 148 IPC to undergo RI for two years. However, both the sentences were directed to run concurrently.

(2.) THE brief facts leading to this appeal are that the informant Lal Mohan Sahu was taking his supper in the night of 30.4.2001 in his house situated in Mauja Sursuriya, PS Gumla, when all the appellants came there and asked him to come out of the house. As further stated, he went out of the house and then appellants took him at the point of Bhujali, Balua and lathi towards the house of witness Mohan Sahu, PW 2 situated at a distance of 500 yards. According to the Informant, when he reached in front the house of PW 2, appellant Somra assaulted him with lathi on his leg, after which he fell down. Then appellant Jhallu Sahu gave a blow on his head with Bhujali and appellant Faula Sahu with Balua on his right hand. It is further stated that he was repeatedly assaulted by other appellants, on which he raised alarm then his son PW 1 Chaitan Sahu and other witnesses arrived and saved him PW 2 also arrived and saw the occurrence. The informant was taken to Sadar Hospital, Gumla in the night, where his statement was recorded by Gumla police in the morning at 6 AM. On the basis of which Gumla PS case No. 115/2001 was registered under Sections 147, 148, 149, 323, 307 IPC. Police investigated the case and finally submitted charge sheet against all the appellants. The appellants were charged for the offences, to which they pleaded not guilty and claimed false prosecution on the basis of a case lodged against the informant and other witnesses, vide PC Case No. 4/2001, Ext. A. However, the trial court found and held all the appellants guilty of the offences and sentenced them as aforesaid.

(3.) I have anxiously considered the statements along with materials available on record. It Is admitted fact on record that the informant though called out by the appellants from his house, had taken to the house of PW 2 before assault was started. The informant has alleged that on the alarm raised by him, PWs 1,2,3 and 4 arrived there to witness the occurrence. According to the informant this occurrence took place because of continuation of dispute between him and the appellants. He further asserted that as the court has decided the land dispute in his favour, the appellants committed this assault out of vengeance. However, he admitted, vide para 23, that for the occurrence of same day a false case has been lodged against him by the appellants, which was pending at the time of his statement. As such, it is apparent that the parties are filing criminal cases against each other.