PAWAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ashwini Kr. Upadhyay, learned counsel appearing for the appellants as well as Mrs. Vandana Bharti, learned Addl. P.P. appearing for the State assisted by Mrs. J. Mazumdar, learned counsel appearing for the informant.

(2.) Instant criminal appeal has been preferred by the appellants challenging the judgment and order of conviction and sentence dtd. 19/6/2008 passed by learned 5th Additional Sessions Judge, F.T.C., Jamtara in Sessions Trial No.45 of 2004/40 of 2005 arising out of Jamtara (Mihijam) P.S. Case No.171 of 2003, whereby and whereunder the appellants have been held guilty for the offences under Ss. 323/34, 325/34 and 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment (R.I.) for three years along with fine of Rs.3,000.00 each for the offence punishable under Sec. 325 of the I.P.C. However, no separate sentence under Ss. 323 and 448 of the I.P.C. has been passed.

(3.) Factual matrix giving rise to this appeal is that on 25/10/2003 at about 07:00 p.m., the accused persons, namely Pawan Kumar Singh, Jitendra Singh, Pratap Singh and Uday Singh, were bursting crackers in a negligent manner, whereupon one live cracker entered the house of the informant, Bhikhari Modi. On being objected to by the informant, the accused persons allegedly abused him and upon exhortation by co-accused Jay Narayan Singh (since deceased), they forcibly entered the informant's house. It is alleged that Pratap Singh assaulted the informant with a lathi on his left arm causing fracture and when the informant's wife intervened, she was also assaulted by the other accused persons with lathi and fists, resulting in injuries to her hand and teeth. Upon alarm being raised, local residents assembled and rescued the informant from further assault, following which a written report was promptly lodged before the Officer-In-Charge of Mihijam Police Station on the same day. On the basis of above information, Jamtara (Mihijam) P.S. Case No.171 of 2003 was registered for the offences under Ss. 341/323/448/325/34 of the I.P.C.