AYUB ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals have been listed together for its analogous hearing and therefore, both are being heard and disposed of by this common judgment.

(2.) The appellants are before this Court under its appellant jurisdiction assailing the judgment of conviction and sentence dated 03.12.2008 for the offence under Section 325/34 of the Indian Penal Code whereby and whereunder they have been sentenced to undergo rigorous imprisonment for five years and fine of Rs.5000/-, in default of payment of fine, they shall have to undergo further imprisonment for six months in connection with Sessions Trial No.571 of 1997 corresponding to G.R. Case No.212 of 1997 arising out of Ratu P.S. Case No.12 of 1997 registered under Section 341, 323, 324 and 307/34 of the Indian Penal Code.

(3.) The aforesaid First Information Report has been instituted against the appellants by one Jalhi Orain, wife of Charwa Oraon at 6.00 p.m. on 28.01.1997 stating therein that in village Bhonda at about 2.00 p.m. in the day her son namely Budhwa Oraon while working in agricultural field having tomato plant in it, at that time one Shyaub Ansari of village was monitoring his cattle grazing nearby and his cattle entered inside the tomato field of her son and started grazing the tomato plant upon which her son Budhwa Oraon hit Shyaub Ansari with stick. Shyaub Ansari went back to his home and informed his father and brother about the occurrence upon which Karimuddin Ansri and Ayub Ansari both returned back to the place where Budhwa Oraon was still working and started assaulting her son by iron rod and danda. Ayub Ansari hit Budhwa Oraon on his head with Balua (iron rod) and Karimuddin Ansari hit with lathi. Upon raising hulla both the appellants fled away and thereafter her son was taken away to R.M.C.H. for treatment by her husband and other co-villagers where his condition is stated to be serious and therefore, the F.I.R. has been instituted on the basis of her statement registered under Section 323, 324 and 307/34 of Indian Penal Code.