KALI KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Ranjan Kumar Singh and learned counsel for the State, Mr. Shiv Kumar Sharma, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction and order of sentence both dated 04.03.2004, passed by learned Sessions Judge, Deoghar, in Sessions Case No.148 of 1997, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 304 part II, 147, 341 and 323 of the Indian Penal Code and awarded rigorous imprisonment for seven years for the offence committed and punishable under Sections 304 part II of the Indian Penal Code, rigorous imprisonment for six months for the offence committed and punishable under Section 147 of the Indian Penal Code, rigorous imprisonment for six months for the offence committed and punishable under Section 323 of the Indian Penal Code and simple imprisonment for one month for the offence committed and punishable under Section 341 of the Indian Penal Code and all the sentences are directed to run concurrently.

(3.) The prosecution case is based upon fardbeyan of Shyam Lal Tudu (P.W.-5), recorded by A.S.I. Arjun Paswan of Chitra police station, Deoghar on 29.03.1997 at about 07:30 A.M., wherein the informant has alleged that yesterday i.e. on 28.03.1997 at about 07:00 P.M., son-in-law of the informant, Shiblal Murmu was quarreling with Jolo Manjhi with respect to a pigeon, near the house of Shiblal Soren. The informant after seeing the quarrel went there to call his son-in-law, Shiblal Murmu, but as soon as the informant reached there Sajni Kisku, daughter of late Tarni Kisku, Gomeshwar @ Gomo Kisku, son of Late Tarni Kisku, Lolo Kisku, wife of Jolo Manjhi, Sade Besra, son-in-law of Sugrum Kisku, Kali Kisku (appellant), son of Ranjan Kisku, Duryo Tudu, son of Pareth Tudu and Madan Kisku, son of Sishu Kisku, all resident of village Sangram Dih, P.S.-Chitra assaulted the informant by means of fists and slaps. Seeing the informant assaulted by the accused persons, the wife of informant, Phulmani Manjhiain and his son, Anil Tudu came for rescue of the informant. It is alleged that informant's wife was assaulted by Kali Kisku, appellant by means of fat and leg, causing injury and unconsciousness. The informant has further alleged that his son was also assaulted by Sajni Kisku, Gomeshwar @ Gomo Kisku, Lolo Kisku, Sade Besra, Duryo Tudu and Madan Kisku. It is further stated by the informant that because of the intervention of the neighbours all the accused persons went their respective houses. The wife of the informant was brought to the house in unconscious stage and due to night they could not get any vehicle to bring her to the hospital and in the morning of 29.03.1997, the informant along with his family members, brought his wife to the police station and gave his statement.