LAWS(JHAR)-2016-1-138

JAI RAM BHAGAT Vs. STATE OF JHARKHAND

Decided On January 12, 2016
Jai Ram Bhagat Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dated 16.2.2006 and order of sentence dated 17.2.2006 whereby the appellants have been convicted for the offence punishable under section 302/34 IPC for the murder of one Ram Sai Bhagat and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2000/ - each, for the offence punishable under section 307/34 rigorous imprisonment for five years with a fine of Rs. 1000/ - each and further for the offence under section 323, rigorous imprisonment for one year, all sentences to run concurrently.

(2.) The facts reveal from fard -beyan of Jeet Ram Bhagat recorded on 8.3.2004 at about 12:15 hrs. at village Bandotoli within P.S. Dumri District Gumla is that on 7.3.2004 at about 8 p.m. the informant had gone to the house of appellant Sitaram Bhagat to make a complaint as to why they have put logs and wood on the way causing hindrance. It is alleged that all the four accused including appellants became furious and asked the informant as to how dare you to come to our house. Thereafter, they all started causing assault to the informant by means of lathi, tangi etc. The alarm raised by informant attracted his father -Ram Sai Bhagat, mother Chinia Orain and sister -in - law (Bhabhi) Manki Minz, who intervened to save the informant but, they all were also subjected to assault by the appellants and their associates. Ram Sai Bhagat, father of the informant died on the spot whereas informant, his mother and sister -in -law (Bhabhi) sustained injuries on their person.

(3.) On the basis of fard -beyan of Jeet Ram Bhagat Gumla Dumri P.S. Case No. 05/2004 dated 8.3.2004 U/Ss. 341/323/324/307/302/34 I.P.C. was registered against the appellants and their associates.