KATAI HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 26th February,2007 and 28th February,2007 respectively passed by learned Additional Sessions Judge, F.T.C.-I, Ghatshila in connection with Sessions Trial Case no.351 of 2002 corresponding to G.R.Case no.250 of 2002 arising out of Bahragora P.S. Case no.41 of 2002, whereby the appellants have been held guilty for the offences punishable under sections 147, 148, 302 read with section 149 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offences punishable under sections 302 read with section 149 I.P.C. No separate sentence for the offences punishable under sections 147 and 148 I.P.C. has been inflicted against the appellants.

(2.) The facts, in brief, are that on the date of occurrence i.e. on 11.07.2002 at about 9.30 A.M., the appellants in order to take forcible possession over the land in question were ploughing the field. It is disclosed in the F.I.R. that the land in question was all along in possession of deceased and he had purchased the same through registered deed of sale. He had been enjoying his possession since the date of its purchase i.e. since the year 1988. It is disclosed that since last 2-3 years, the appellants at the instigation of Gopal Hansda (appellant no.4) had started causing hindrance against peaceful possession of the deceased over the land. The ploughing of the field by the appellants was noticed by a village boy, who informed the matter to informant and his father. Thereafter the informant with his father-Sukumar Bhuiya(deceased) went to the place of occurrence. Sukumar Bhuiya raised objection against ploughing of the field and requested to get the matter settled in the Panchayat or in the office of Circle Officer, but the appellants were bent upon to have forcible possession over the land in question. It is alleged that appellant-Gopal Hansda instigated other appellants and their associates to give a lesson to Sukumar Bhuiya otherwise he would not be stopped. Thereafter, Singhrai Hansda @ Shigrai Hansda (appellant no.2) ran towards Sukumar Bhuiyaran and wrapped the towel around his neck and then pulled him down with the help of towel. Appellant-Gopal Hansda instigated the remaining accused, who started assaulting Sukumar Bhuiya by means of Lathi. In course of assault, Gopal Hansda gave blow by means of spade on the head of Sukumar Bhuiya as a result he sustained injury. Considering the situation grave, the informant raised alarm and ran towards village, but he was chased by the appellants till the villagers assembled and thereafter appellants with their associates fled away from the place of occurrence. On the basis of fardbeyan of Rabindranath Bhuiya, Bahragora P.S. Case no. 41 of 2002 dated 11.07.2002 under sections 147, 148, 149, 323, 324, 302 and 120B I.P.C. against Lepo Hansda including appellants was registered. The police, after due investigation, submitted charge sheet against the appellants. Accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Trial no. 351 of 2002.

(3.) Charges under section 147, 148, 120B, 302/149 I.P.C. were framed against the appellants to which they pleaded not guilty and claimed to be tried. To substantiate the charges, the prosecution has examined altogether fourteen witnesses, including Informant(P.W.4), the doctor, namely, Dr. A.K. Choudhary (P.W.13), who had conducted post mortem examination on the dead-body of Sukumar Bhuiya. Learned Additional Sessions Judge, at the conclusion of trial, placing reliance on the evidences and documents available on record, held the appellants guilty and inflicted sentence as indicated above.