JETHU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellants being aggrieved by the Judgment of conviction and order of sentence dtd. 10/1/2006 passed by the learned Additional Sessions Judge, (FTC)-IX, Giridih, in Sessions Trial No. 104 of 1997 whereby and whereunder, the appellants, Jethu Singh and Bhuneshwar Singh have been held guilty and sentenced as mentioned in the table below :

(3.) The case of the prosecution as unfolded in the fardbeyan of the informant PW3- Govind Prasad Mehta in brief is that on 6/8/1995, the informant with five labourers while working in his field at about 2.0/3/0 PM, suddenly a person came there wearing Khaki uniform with black cap and blew whistle . Thereafter, two persons with Khaki dress reached there. One was with a black cap and the other was with red cap reached there from the side of the field. Two persons who were wearing lungi and vest also came to the place of occurrence field. Out of the three persons, who were in Khaki uniform, one was armed with gun and one was armed with rifle like police and the third one was having a stick (lathi). The persons wearing lungi and vest were of village Adwara and are the appellant-accused persons of this appeal. All the five persons together tied the hands of the informant on his back side and assaulted him with stick and butt of the gun. While assaulting, they forbade the informant to come to the said field. The informant somehow, managed to reach the house of Ram Narayan Singh and claimed to identify the three persons who were in uniform. The informant fell near the house of Ram Narayn Singh and became senseless. On regaining the sense, the informant found himself in the house of Nakul Singh. On the basis of the fardbeyan of the informant, police registered Bagodar P.S. case No. 174 of 1995 and took up the investigation of the case. Upon completion of the investigation, police submitted the police report.