DEVEN YADAV @ DEVAN GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals are directed against the judgment and order of conviction and sentence dated 19.11.2003, passed by Shri Ram Bachan Singh, learned 6thth Additional Sessions Judge-, F.T.C. No. 3, Godda in Sessions Case No. 221 of 1993/78 of 2002, by which the appellants have been convicted for the offence under section 307 of the Indian Penal Code, read with section 34 of the Indian Penal Code and has been sentenced to undergo R.I. for five years and also to pay a fine of Rs. 1,000/- each and in default of payment of fine, the appellants had to undergo simple imprisonment for a further period of six months.

(2.) The prosecution case is that on the date of occurrence, the appellants as well as accused-Badri Yadav (since deceased) armed with Lathi, Gandasa had started making plantation of chilli adjoining to the house of the informant and when the informant had protested, Badri Yadav had given a lathi blow on his head whereas the accused-Dinesh Yadav had given a Gandasa blow causing injury in both the hands whereas the accused-Deven Yadav were extorting the other accused to commit assault. It is alleged that when the informant fell down, some of the villagers had assembled and thereafter he was taken to Meharma Hospital, where he was treated by a doctor. According to the informant, the occurrence had taken place due to previous land dispute.

(3.) Based on the aforesaid allegations, Meharma P.S. Case No.62 of 1993 was instituted for the offence punishable under sections 324, 323 and 307/34 of the Indian Penal Code.