ROHANI MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. Nityanand Prasad Choudhary, learned counsel for the appellants and learned counsel for the State, Md. Asif Khan, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 25.02004, passed by the learned 3rd Additional Sessions Judge (Fast Track Court), Jamtara, in Sessions Case No.139 of 1994 / 14 of 2003, whereby the appellant no.1, Rohani Marandi has been convicted for the charge and offence committed and punishable under Sections 323 and 448 I.P.C. and appellant No.2 (Sarjan Marandi) has been convicted for the charge and offence committed and punishable under Sections 324 and 448 I.P.C. However, both the appellants have been acquitted by the learned trial court for the charge under Sections 307 and 342 I.P.C. The learned trial court has awarded appellant No.1, Rohani Marandi rigorous imprisonment for six months with a fine of Rs. 500/- for the offence committed and punishable under Section 323 I.P.C. and rigorous imprisonment for six months for the offence committed and punishable under Section 448 I.P.C. The learned trial court has awarded appellant no.2, Sarjan Marandi rigorous imprisonment for two years and fine of Rs. 500/- for the offence committed and punishable under Section 324 I.P.C. and rigorous imprisonment for six months for the offence committed and punishable under Section 448 I.P.C. In default in payment of fine, both the accused/appellants shall further undergo simple imprisonment for one month. However, both the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, the fardbeyan of the informant, Shivcharan Marandi (P.W.3) recorded by S. N. Hembram, A.S.I., Jamtara Police Station at 10.30 hours on 19.01993 at Sub Divisional Hospital, Jamtara, wherein the informant has alleged that on 18.01993, at night, after taking dinner, the informant was sitting in the 'verandah', in the meantime, his younger brother, (1) Rohini Marandi, S/o Late Chhowa Marandi, (2) Surja Marandi, S/o Late Kullu Marandi and (3) Rajan Marandi, S/o Sukhu Marandi came to the door of the informant and abused the informant by saying that his wife is daain and asked both of them to come out of the house so that both of them can be killed. After saying that, Rohini Marandi entered into the house of the informant and started assaulting the informant by means of danda. The informant tried to save himself, in the meantime, Surja @ Sarjan Marandi and Rajan Marandi also entered into the house, having lathi and tangi in their hands and they assaulted the informant. Surja @ Sarjan Marandi assaulted the informant on his left hand by means of tangi causing bleeding injury. Thereafter, all the three accused persons assaulted the informant by means of lathi, danda, fists and slaps. The informant fell down and thereafter all the accused persons fled away. Because of the late night, the informant could not come to the Police Station and in the morning, he came to the Government Hospital, where he is undergoing treatment.