RAJU RAVIDAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the conviction, passed by learned A.D.J. (F.T.C.) 7th, Giridih dated 10.11.2009 and sentence, pronounced on 12.11.2009 in S.T. No. 91/02, convicting the appellant to undergo rigorous imprisonment for two years and a fine worth of Rs. 1000.00 for the offence under Sec. 411 of the Indian Penal Code and he is further sentenced to undergo rigorous imprisonment for two years and a fine worth of Rs. 1000.00 for the offence under Sec. 304(A) of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for six months and a fine worth of Rs. 500.00 for the offence under Sec. 337 of the Indian Penal Code. All the sentences were directed to run concurrently and period already undergone in jail by this appellant during trial of this case was to adjusted towards the sentences passed against him. In default of payment of fine appellant was to undergo rigorous imprisonment for three months.

(2.) The prosecution story in nutshell is that informant of this case, Bhagirath Das, PW-3, lodged his written petition with O.C. Hirodih police station on 002000 at 7.00 p.m. to the effect that on the same day at 4.00 p.m. Binod Jee, who was authorized by the block, came to the well to settle the dispute regarding the well and Binod Jee explained to all that each and every one have equal right to take water from the said well and he went away. After that accused persons Raju, Jag Jeewan, Arjun and Tun Tun came there armed with brick , lathi and iron rod and abused the informant side and assaulted and abused them and took away their bucket, rope and pulley and threatened them to cause their death.

(3.) On the basis of this written petition of informant, O.C. Hirodih P.S. prepared the formal FIR No. 07/2000 of Hirodih P.S. After investigation charge sheet for the offence under Sections 341/ 323/ 337/ 379/ 506/ 411/ 304/34 of the Indian Penal Code was submitted against the accused.