TRILOCHAN NAIK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction dated 27.01.2003 and order of sentence dated 28.01.2003, passed by learned Additional District & Sessions Judge, Fast Track Court No.1, Chaibasa, Singhbhum (West) in Sessions Trial No. 52/93, whereby and whereunder, the learned Additional Sessions Judge has convicted the appellants under Sections 148, 324/149, 325/149 of the Indian Penal Code and sentenced to undergo R.I. under Sections 325/149 IPC for six months and to pay fine of Rs.500/ each. In default of payment of fine, they are liable to go further R.I. for two months. They are also sentenced to undergo R.I. under Sections 324/149 IPC for six months and under Section 148 IPC for three months. All the sentences were directed to run concurrently.

(2.) The prosecution case in short on the basis of fardbeyan of informant Sarthe Pradhan of Meremera village, PS Chakradharpur recorded by Sri J.M. Singh, officerincharge, Chadradharpur at village Meremera on 11990 at about 8.30 hours in presence of Ram Chandra Pradhan and Promod Pradhan is that on previous night (10990) at about 8.30 p.m. the informant along with Kritibas Pradhan, Santanu Pradhan and Sasank Pradhan had gone to attend the natural call and as they reached near pond they saw that three persons were catching fish and being challenged, they started running away, of whom they caught hold Trilochan @ Gudru. On inquiry, he confessed his guilt and told that he along with accused Gobind Naik and Baisakhu Naik were fishing and seeing them other two accused persons were fleeing away. Thereafter, accused Trilochan @ Gudru was taken to the house of Ramchandra Pradhan where he was kept confined during the night due to absence of Ram Chandra Pradhan in his resident. It is said that next morning that is on 11990 at about 7 a.m. accused Durga Charan Naik along with Ramu Naik, Mukhi Mahto, Biswa Naik, Gora Naik, Bipra Naik, Basu Naik and Dina Naik came to the house of Ramchandra Pradhan (PW1) and they took away Trilochan Naik @ Gudru Naik and the fishing net along with them. In morning, informant informed Ramchandra Pradhan. Thereafter Ramchandra Pradhan had handed over a written report to Sarathi Pradhan who along with PW3 Sashak Pradhan, PW4 Kritibas Pradhan went to Mukhia who directed them to go to Sarpanch, thereafter at about 7.30 a.m. the informant along with Santanu Pradhan, Sashank Pradhan and Kritibas Pradhan proceeded to Sarpanch's house and as they are reached the main road of the village Meremera it is said that all the accused persons surrounded them. Accused Durga Naik and Kisto Naik had instigated the other accused to assault them as they thought that pond belongs to them. It is also said that on this instigation accused Mukhi Mahto shot arrow upon informant but being bowed down informant saved himself. It is also alleged that Gobind Naik hit axe upon Kritibas Pradhan and accused Trilochan Pradhan assaulted to informant and his associates by charging rod indiscriminately upon them. As a result of which, Santanu Pradhan, Sashank Pradhan and Kritibas Pradhan fell down sustaining injuries. Thereafter informant went to the house of Ramchandra Pradhan (PW1) and narrated the incident of assault on them. The injured persons were brought to hospital by villagers. Police arrived at PO and recorded the fardbeyan of informant in presence of witnesses Ramchandra Pradhan and Pramod Kr. Pradhan.

(3.) On the basis of fardbeyan of informant, Chakradharpur PS Case No. 140/90 under Sections 147, 148, 149, 379, 307, 324, 323, 109 of the Indian Penal Code was registered against the accusedappellants.