RAMASHRAY PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant, namely, Ramashray Prasad @ Ramashray Prasad Singh who stood convicted under Ss. 307 and 323 I.P.C and was ordered to go rigorous imprisonment for seven years under Sec. 307 I.P.C and six months under Sec. 323 I.P.C however, both the sentences were directed to run concurrently and he was acquitted of the charges under Ss. 147, 504 and 341 IPC vide judgment dated 11.05.2001 passed in S.T. No. 137 of 1995 by Sri Ramanuj Narayan, learned 7th Additional Sessions Judge, Palamau at Daltonganj.

(2.) The case of the prosecution, as has been recorded in the written report of the informant Mungeshwar Ram (PW.4), addressed to the Officer -in -Charge, Sadar Daltonganj, Palamau is that on 19.02.1994 at about 9 A.M. while the informant along with his family members was in his residential house at Abadganj, P.S. Daltonganj, accused Ramashray Prasad Singh, Bhola Ram, Shyamu Ram, Ram Singh, Malti Devi, Asha Devi and Kaili Devi, all armed with lathi and danda, came to the house of the informant. Ramashray Prasad Singh (appellant) pressed the neck of the informant in order to kill him and also assaulted his elder brother Yogeshwar Ram with Lathi on his leg and abused him. All accused persons threatened to shoot at night. On halla, the neighbourers assembled there and thereafter, accused persons fled away.

(3.) On the basis of the aforesaid fardbeyan, Sadar Daltonganj P.S. Case No. 60 of 1994 dated 19.02.1994 was instituted under Ss. 147, 323, 504, 341 IPC. The police after investigation submitted final form on 27.02.1994 under Ss. 147, 323, 504, 341, 307 IPC. Subsequently, on 22.05.1998 charges under Ss. 147, 323, 504, 341 and 307 IPC read with Sec. 34 IPC were framed by learned 7th Additional Sessions Judge, Palamau.