DASRATH BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 25th September, 2003 and order of sentence dated 27th September, 2003 under Section 324/34 of the Indian Penal Code sentencing to rigorous imprisonment for two years as well as to pay the fine of Rs. 500/- each and in default to undergo simple imprisonment for two months.

(2.) The prosecution story, as per written report of Nanku Oraon that he along with his brothers Sahdeo Oraon, nephew Sani Ram Oraon, niece Parmil Kumari and grand daughter Pati Kumari were cutting away paddy crop then about 08:00 A.M. accused persons armed with Danda tried to prevent them from cutting the crop. The accused persons started assaulting with Balua and Lathi causing bleeding injury. When the alarm was raised, villagers came there and accused persons fled away. The injured were taken to the hospital. The reasons for the occurrence was the dispute between the parties relating to the land for which the case was also going on in the Civil Court.

(3.) The prosecution side has examined altogether six witnesses whereas the defence has not examined any witness but some documents were admitted which were marked without objection. The Court below found the accused persons guilty under section 324/34 of the Indian Penal Code and sentenced them two years rigorous imprisonment and fine of Rs. 500/- each and in default they have to serve two months simple imprisonment.