VINOD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 07.06.2003 and 09.06.2003 respectively passed by the learned 1st Additional Sessions Judge, Jamshedpur, in S.T. No. 21 of 2001 arising out of Sidhgora P.S. Case No. 85 of 2000, corresponding to G.R. No. 1096 of 2000, whereby and whereunder the appellants/ accused persons have been held guilty under sections 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have also been convicted for the offence under sections 148 and 147 of the Indian Penal Code and sentenced to undergo R.I. for one year and three months respectively. Appellant no.6 Mahendra Singh has further been convicted under section 326 and 323 of the Indian Penal Code and sentenced to undergo R.I. for three years and six months respectively. It is further directed that all the sentences shall run concurrently.

(2.) The the prosecution case, in brief, is that on 07.07.2000 at about 09.30 pm the informant Narendra Singh was sitting along with his brother Jaswant Singh (deceased) within the boundary of his quarter after taking meal. In the meantime cow of Mahendra Singh entered in the cowshed of the informant and started hitting the cow of the informant. The informant and his brother Jaswant Singh drove out the cow of the accused Mahendra Singh. Thereupon three sons of Mahendra Singh and one unknown person came out from their quarter forming unlawful assembly armed with deadly weapons like Lathi, Iron Rod, Knife and Pistol and used abusive language to the informant Narendra Singh and his brother Jaswant Singh. On protest made by the informant and his brother, the accused persons surrounded Jaswant Singh and tried to drag him towards their quarter. The informant forbade them and then the accused Mahendra Singh assaulted the informant with Lathi which caused injury on his head and left hand. Thereafter all the accused persons dragged Jaswant Singh in front of their quarter and assaulted him with Lathi, Knife, Iron Road and butt of the Pistol. Consequently, he fell down and blood started oozing out from his body. It is further alleged that first of all, the accused Mahendra Singh assaulted Jaswant Singh with Lathi on his head and thereafter all the accused persons assaulted as a result of which he received grievous injuries. On hearing alarm family members of the informant and other persons came out of the house and then the accused fled away. It is also stated that neighbours also witnessed the occurrence. Jaswant Singh was brought to the Tata Main Hospital for treatment, but during the course of treatment he died on 14.07.2000.

(3.) On the basis of the aforesaid fardbeyan an F.I.R. being Sidhgora P.S. Case No. 85 of 2000 was registered under sections 147, 148, 447, 341, 323, 324 and 307 of the Indian Penal Code and after the death of Jaswant Singh section 302 of the Indian Penal Code was added in this case.