PAWAN KUMAR SRIVASTAVA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rahul Kumar, learned counsel appearing for the petitioner and Mrs. Sadhna Kumar, learned APP appearing for the State.

(2.) This application is directed against the judgment of conviction and the order of sentence dated 31.01.2007 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in G.R. No. 1348 of 2002 arising out of Baghmara (Sonardih) P.S. Case No. 103 of 2002, whereby the petitioner has been convicted for the offences punishable u/s 147/353/323/341/504 I.P.C. and has been sentenced to undergo imprisonment for 10 months for the offence u/s 147 IPC, simple imprisonment for 15 days for the offence u/s 341 I.P.C., simple imprisonment for five months u/s 323 I.P.C., rigorous imprisonment for ten months u/s 353 I.P.C. and ten months rigorous imprisonment u/s 504 I.P.C. All the sentences were to run concurrently. A further challenge has been made to the judgment dated 27.01.2015 passed in Criminal Appeal No. 40 of 2007 by learned Sessions Judge, Dhanbad by which the judgment of conviction and the order of sentence passed by the learned trial court was affirmed.

(3.) The prosecution story reveals that on 07.06.2002 when the informant was working at the gallery of non coking coal, the accused Gaur Chand Bouri along with 40-50 persons came and started abusing him. On being protested by the informant, Gaur Chand Bouri had asked him as to why attendance of two pump khalasi had been stopped which was duly replied by the informant. On hearing such reply, Gaur Chand Bouri and the persons accompanying him including the petitioner started abusing and assaulting the informant which was witnessed by one Sobhajit Singh and Muni Nath Singh. The informant, trying to save himself, had left with the project officer to the Police Station, where Gaur Chand Bouri reached subsequently and the informant was slapped which caused him injury. Based on the aforesaid information, Baghmara (Sonardih) P.S. Case No. 103 of 2002 was registered. After investigation charge-sheet was submitted u/s 147, 341, 323, 353 and 504 I.P.C. pursuant to which cognizance was taken and the substance of accusation was u/s 147, 341, 323, 353 and 504 I.P.C. was explained to the petitioner and one Gaur Chand Bouri, who faced trial.