PANCHANAN RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Addl. P.P. for the State.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction and order of sentence dated 28.01.2006, passed by the learned 5th Additional Sessions Judge (Fast-Track-Court), Jamtara in Sessions Case No.97 of 2005/154 of 1996, whereby and where under, the learned court below held the appellant guilty for the offence punishable under sections 323 and 341 of the Indian Penal Code and released him on probation for a period of two years on execution of bond for Rs. 5000.00 with two sureties of the like amount each, to appear and receive sentence when called upon during such period and in the meantime to keep the peace and be of good behaviour.

(3.) The case of the prosecution as unfolded in the fardbeyan of the victim-Ganesh Prasad is that in the intervening night of 14/15.10.1994, the informant was returning to his house after immersion of idol of Goddess Durga but on the way when he reached the road, the appellant along with co-accused persons came out from the bushes and wrongfully confined the informant and assaulted him with iron rod causing injuries on the hand and other parts of the body of the victim. The co-accused-Baru Rai took Rs. 305.00from the pocket of the informant. On the basis of the fardbeyan, police registered Nala (Bindapathar) P.S. Case No.147 of 1994 and took up investigation of the case. After completion of the investigation, police submitted charge-sheet against the accused persons. Upon commitment of the case to the Court of Sessions, charges for the offences punishable under Sec. 341/323/307/379 of the Indian Penal Code were framed against the accused persons and on their pleading not guilty to the charges, the appellant and the co-accused persons were put to trial but later on during the trial, the case of Baru Rai and Harwa @ Haru Rai was separated as they absconded and the trial proceeded only against the appellant.