LAWS(JHAR)-2016-4-277

RAJESH MANDAL & OTHERS Vs. STATE OF JHARKHAND

Decided On April 18, 2016
Rajesh Mandal And Others Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and sentence dated 3rd March, 2005, passed by learned Additional Sessions Judge-F.T.C.-VII, Giridih, in S.T. Case No.323 of 1995, by which the appellants were convicted for the offence under sections 325/149 of the Indian Penal Code and were sentenced to undergo R.I. for three years along with a fine of Rs.1500/- each and in default of fine, they were to undergo R.I. for a further period of three months.

(2.) The prosecution story as would appear from the fardbeyan of Murlidhar Modi ( P.W-1) is that on 30.03.1994 at around 7.30 p.m. in the evening while he was purchasing fruits from the shop of Krishna Modi in Sariya Bazar, one Balgovind Mandal (appellant No. 2) came on a Rajdoot Motorcycle and after seeing the informant went away. It was alleged therein that while the informant was returning back after purchasing fruits, named accused persons and some other persons who could not be identified, surrounded the informant and started abusing and assaulting him. It has also been stated in the fardbeyan that one Rajesh Mandal (appellant No. 1) who was having iron rod in his hand inflicted an injury on his left eye, Balgovind Mandal (appellant No. 2) inflicted injury on his head by iron utensils, Laddu Rabidas (appellant No. 4) inflicted injury on the right hand of the informant with Bhujali, Shankar Mandal (appellant No. 3) inflicted injury on his head with a cable wire. It was also alleged therein that others inflicted injuries to the informant by lathi and when the informant raised alarm then Bal Govind Mandal started pressing his neck with an iron utensil with an intention to kill him. After the incident, several persons reached the place of occurrence and saved the informant, who was subsequently brought to Sariya Hospital. The informant had further stated that the reason for the incident was not known to him.

(3.) On the basis of the aforesaid fardbeyan of the informant (P.W.1), Bagodar (Sariya) P.S. Case No. 78/94 dated 31.03.1994 was registered for the offence under sections 147, 323, 324 and 307 of the Indian Penal Code and investigation proceeded. After conclusion of investigation, charge-sheet was submitted vide charge-sheet No. 97/1994 on 13.06.1994 and on appearance of the accused persons and after supply of the copy of the documents to them, the case was committed to the Court of Sessions, where trial proceeded against the accused persons.