BHEKHLAL GOPE & ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 21.01.2003 passed by Shri Binod Kumar Lal, Additional Sessions Judge, Fast Track Court No. IV, Hazaribagh in Sessions Trial No. 135 of 1995, whereby and whereunder appellants have been convicted for an offence under sections 148, 452, 379 and 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each , three years each, two years each and three years each respectively with a direction that the aforementioned sentences of imprisonment shall run concurrently.

(2.) The prosecution case as per the fardbayan of Hari Rana, informant as given in the Sadar Hospital to A.S.I., K.K. Sinha is that on 21.06.1994 around 8.00 a.m. in the morning, when his wife was cooking food and he was sitting then Paran Gope, Dayali Gope, Deepan Gope and Bhagat Gope and Bheklal Gope all from Champa Nagar, Nawadih entered his house and on entering his house took out the box and started searching for some document in the box and when he asked them why they were doing this, then the assailants assaulted his wife Parvati Devi with sticks and broke her leg. He was also assaulted with stick and sword. The accused persons also took silver made hasali, one Kangan from her wife. Further, they took away some utensils. When they made alarm then people from the adjoining houses came, on which the assailants fled away. The reason for the dispute is tht there was a land dispute subsisting between the informant and the accused, for which the informant has got a decree in his favour.

(3.) The police came and recorded the fard beyan of the informant and Ichak P.S. Case No. 55 of 1994 was instituted against the accused persons. The police after investigation submitted charge sheet under sections 147, 148,452, 307, 323 and 379 of the Indian Penal Code against the present accused persons, cognizance was taken and after taking cognizance of this case, transferred this case for commitment. The learned magistrate committed this case to the court of sessions for its trial and disposal. Charge was framed under sections 148, 452, 307/34, 379/34 of the Indian Penal Code.