DAMODAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and opposite parties.

(2.) Petitioner is the informant who seeks leave to appeal against the judgment of acquittal dated 22nd July, 2017 passed by learned Court of Additional Sessions Judge-V, Chatra in Sessions Trial Case No. 91 of 2009, whereunder the opposite party Nos. 2 to 6 have been acquitted of the charges under Sections 147,148,324,325,307 of the Indian Penal Code.

(3.) Informant through his FIR, lodged on 7th July, 2003 alleged that at about 9:15 a.m., while he was at Amardeep Hotel, the labourers of Telephone Department were digging trench by the side of the road for laying down cables, the informant asked them to cut through the side of the road so that access of trucks at his hotel may not be disturbed. Awadh Kishore Singh of his village protested and as a result some altercation took place. Awadh Kishore Singh went back threatening him of dire consequences and later on came with 9 FIR named accused persons which included Pramod Singh and these accused persons. They were armed with sharp cutting deadly weapons and on the order of Awadh Kishore Singh, Pramod Singh gave farsa blow on his right hand causing cut injury and bleeding. Awadh Kishore Singh gave a Bhujali blow on his neck causing cut injury and bleeding. He tried to flee away but failed. On his cries, Sunil Kumar Singh, Rajesh Kumar Singh and Awadesh Singh assembled there and tried to save him but Arjun Singh by swords, Anil Singh, Sunny Singh and Deepak Kumar Singh by Bhujali caused hurt to him, as a result he became unconscious and regained conscious in Sadar Hospital, Chatra. He was referred to Appolo Hospital, Irba, Ranchi for better treatment where he was admitted and treated. His fard-beyan was recorded by A.S.I., Jatashankar Singh of Ormanjhi P.S. at about 12:30 p.m. on 08.07.2003, at bed No. 07 ICU Appolo Hospital which has led to institution of the instant FIR. According to him, Rs. 1,000/- was also taken away from the counter of his hotel by the accused persons. Since his right hand was injured, he put his left thumb impression on the fard-beyan.