BISHESWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants, Mr. Vikash Kumar, Amicus Curiae and learned counsel for the State, Mr. Rakesh Kumar, learned Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 29.03.2004 and order of sentence dated 31.03.2004, passed by learned 5th Additional Sessions Judge, Bermo at Tenughat, in Sessions Trial case No. 71 of 2001, whereby six accused persons have been convicted for offence committed and punishable under Sections 148,307/149,323/149 and 341/34 of the Indian Penal Code and awarded Rigorous Imprisonment for five years with fine of Rs.2,000/- each and in case of default in payment of fine the appellant have to undergo further simple imprisonment for two months for offence committed and punishable under Section 307/149 of the Indian Penal Code, Rigorous Imprisonment for two years for the offence committed and punishable under Section 148 of the Indian Penal Code, Rigorous Imprisonment for six months for offence committed and punishable under Section 323/149 of the Indian Penal Code and Rigorous Imprisonment for one month for the offence committed and punishable under Section 341/34 of the Indian Penal Code. All the sentences are directed to run concurrently. The period if any spent by the convicts in custody be set off against the sentences as provided under Section 428 Cr.P.C.

(3.) The prosecution case, is based upon written report submitted by informant, Ganesh Singh(P.W.4) before Officer-In-Charge, Jaridih Police Station on 05.10.1997, wherein, the informant has alleged that, today i.e. on 05.10.1997 at about 5.00P.M. when the son of the informant namely, Thakur Singh and his friend Nepal Yadav, were taking meal in the house of the informant, Kishore Sao and Mahadeo Manjhi came to the house of the informant and took Thakur Singh and Nepal Yadav to Pathuria, where Nakul Singh was standing armed with farsha, along with Basudeo Singh, Tulsi Singh, Sukhdeo Singh, Tilkeswar Singh, Ratan Singh, who were armed with lathi and axe(Kulhadi) and the said persons surrounded Thakur Singh and Nepal Yadav. On the order of Bisu Singh to kill Thakur and Nepal Yadav, all the accused persons started assaulting them. On hearing brawl, informant reached there and saw Nepal Yadav having bleeding injury on his head. It is alleged that, Nakul Singh assaulted the informant, Ganesh Singh, with a farsha on his head and Basudeo Singh assaulted the informant with lathi, causing bleeding injury due to which informant fell down. Nepal Yadav, somehow, managed to escape from the spot. When the family members reached the spot, on hearing brawl, they were also assaulted. When Ugan Singh came there to pacify the matter, accused persons fled away.