INNOCENT TIGGA AGED ABOUT 31 YEARS S/O BENJAMIN TIGGA RESIDENT OF KATTHAL TOLI BAHEE BAZAR P.S LOWER BAZAR DIST RAANCHI. Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction and order of sentence dated 30.6.2003 passed by the learned Addl. Judicial Commissioner, 10th Fast Track Court in S.T No.530 of 1997 whereby the above named appellant has been found guilty and convicted under section 341 and 323 of the of the Indian Penal Code and accordingly,sentenced him to undergo rigorous imprisonment for four months under section 323 and fine of Rs.300.00 under section 341 of the Indian Penal Code, in default of payment of fine S.I for ten days, both the sentences were ordered to run concurrently.

(2.) The case of the prosecution as alleged in the Fard-beyan of the informant Ashok Kumar Raut recorded at Saint Barnabas Hospital Ranchi on 25.4.1996 at about 11 P.M by S.I Ram Sidhesar Azad of Lower Bazar police station is that on 25.4.1996 at 8.pm the informant Ashok Kumar Raut (P.W 2) along with Asar Hussain (P.W 1) was going to police Club Ranchi. At about 10.15 p.m when they reached near State Polytechnic all on a sudden they were restrained by four persons including the current appellant on the road asking them to push their ambassador car but they did not to do so.The Car bore the number BRP 5643. The informant and his associate replied that they were policemen and busy and going to do some urgent work. Being enraged, the accused persons started assaulting them by legs and fist. Although, they were four in number, one of them took out an iron rod from the car and assaulted the informant and another accused gave fist blow on his mouth resulting in his teeth being broken. The accused pushed the informant as a result of which the informant fell down on the ground and after that he climbed over his chest and started pressing his neck with intention to kill him. On hearing hull a constables from nearby TOP rushed and with their help, two of the accused persons was apprehended and other two accused persons managed to run away by opening fire from own pistol. Accused persons was brought to the TOP where they disclosed their names as Tanvir Alam @ Tanu and Innocent Tigga.They could not identify the accused who managed in fleeing away.

(3.) On the basis of the Fardbeyan of the informant,formal FIR was been registered against the accused persons under section 323/341/325/307/ 308/ 353/34 of the Indian Penal Code and investigation of the case was started and after completion of investigation charge sheet under sections 341/325/307/308/323/353/34 of the Indian Penal Code and 27 of the Arms Act was submitted against the accused persons and after that cognizance of the offence was taken and case was committed to the court of sessions and it was registered as S.T. No. 530 of 1997.