RANJIT RANA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal arises out of the judgment of conviction and order of sentence dated 20.6.2003 passed by learned Additional Sessions Judge, F.T.C.3, Hazaribag in S.T. No. 551/2001, arising out of Katkamsandi P.S. Case No. 39/2001, G.R. No. 624/2001, whereby and whereunder, appellant No. 1 stands convicted under Sec. 326 of the Indian Penal Code and appellant No. 2 under Sec. 323 of the Indian Penal Code and sentenced to R.I. for 7 years and 6 months respectively.

(2.) The fardbeyan of informant Lalan Rana, recorded by ASI Ajadi Ram of Sadar Police Hazaribag at 11:15 hours on 11.3.2001 at Sadar Hospital, Hazaribagh is the basis of this case. Prosecution case, according to this fardbeyan is that on 11.3.2001, at about 8:00 O'clock in the morning, when he was constructing house over his share of land, his cognates (accused) Nageshwar Rana, Mahesh Rana, Ranjit Rana, Sita Rana, Bhikhan Rana and Prem Rana came armed with deadly weapon abused him and objected from constructing house. The informant told that he is constructing house on his own land. Upon which the accused persons started assaulting him with lathi and farsa. Accused Nageshwar assaulted him with lathi on his head due to which his head was broken and started bleeding. His sister-in-law Malti Devi was assaulted by Ranjit Rana on head by farsa due to which her head was also broken. Her brother Kailash Rana and Khemlal Rana were also assaulted and injured by the aforesaid person. They had come to Sadar Hospital, Hazaribag for treatment.

(3.) The recording police officer forwarded the fardbeyan to officer-in-charge of Katkamsandi police station for necessary action. The officer-in-charge of Katkamsandi police station, on receipt of the fardbeyan, registered it as Katkamsandi P.S. Case No. 39/01 dated 11.3.2001 for the offence under Sections 147, 148, 149, 323, 324 Penal Code and himself took up the investigation.