BASAWAN SAH & ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 29 th January, 2003 passed by the Special Judge cum 1st Additional District & Sessions Judge, Bokaro in connection with Sessions Trial Case no. 366 of 1994 arising out of Bokaro Steel City P.S. Case no. 336 of 1993, whereby appellants have been held guilty for the offence punishable under sections 323/448 of the Indian Penal Code and sentenced to undergo Simple imprisonment for one year each under the sections, to run concurrently.

(2.) The prosecution case according to the written report of the informant Lalan Prasad, in brief, is that on 27.8.1993 at about 9 p.m. he was eating meal in his quarter. When his younger brother went out of the quarter after taking meal, he was abused including with sister centric abuses by accused Laljee Prasad, Basawan Sah, Anil Kumar and Ramjee Sah and, when his younger brother protested the accused Laljee Prasad caught hold of collar of his younger brother and started assaulting him. Thereafter, other accused persons Basawan Sah, Anil Kumar and Ramjee Sah entered into his house, and Laljee Prasad started assaulting him with stick. He sustained injuries on his head and blood started oozing out. The others also assaulted him, his brother and his wife due to which they sustained injuries. On alarm, raised by them, people assembled there and then the appellants fled away.

(3.) The matter was reported to the police and Bokaro Steel City P.S. Case no. 336 of 1993 dated 27.8.1993 U/Ss 323/448/34 I.P.C. and Sec. 3(x)(xi) S.C. and S.T. Prevention of atrocities Act,1989 against the appellants was registered. The investigating officer after due investigating submitted charge sheet, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial No. 366 of 1994.