RUPLAL MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of conviction dated 17.01.2006 and sentence dated 18.01.2002 passed by the learned 1st Additional Sessions Judge, Jamtara in Sessions Case No. 224 of 1990/61 of 2001, whereby and where under, the appellant has been found guilty and convicted for the offence punishable u/s 307 and 341 of the Indian Penal Code (I.P.C.) and has been sentenced for rigorous imprisonment (R.I.) for 7 (Seven) years u/s 307 I.P.C. and further R.I. for 1 (one) year and Rs. 2000 fine for the offence punishable u/s 341 I.P.C. and in default of payment of fine further R.I. for one month. Both the sentences are to run concurrently.

(2.) The prosecution case in brief is that on 6.4.1988 at about 5.00 p.m. the informant was going from door to door for inviting villagers for a feast. It is alleged that as soon as the informant reached near an alley besides house of Lakhiram Marandi, the appellant came there and started assaulting by means of Lathi. In the meantime, the witnesses Bhonde Tudu and Rashbihari Tudu reached there and tried to pacify the appellant, but he assaulted them also with Lathi and Katta and causing injury to them. According to the informant, the incident had taken place due to previous enmity between the parties.

(3.) The prosecution in course of trial had examined as many as seven (07) witnesses. P.W. 1 Rashbihari Tudu is an eye witness to the occurrence. In course of examination he has stated while he was returning home along with Bhoalde Tudu, near the house of Saina Tudu (informant) they saw the appellant assaulting the informant with Lathi. This witness as well as Bhonde Tudu tried to pacify the matter, but the appellant had also assaulted them resulting in injuries suffered by them.