BABULAL MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 19/1/2004, passed by learned 5th Additional Sessions Judge, Giridih, in Sessions Trial No. 13 of 2000, whereby all the four appellants have been convicted for the offence committed and punishable under Ss. 341, 447 and 307/34 of the Indian Penal Code and awarded rigorous imprisonment for seven years for the offence committed and punishable under Sec. 307/34 of the Indian Penal Code, rigorous imprisonment for one month for the offence committed and punishable under Sec. 447 of the Indian Penal Code and rigorous imprisonment for one month for the offence committed and punishable under Sec. 341 of the Indian Penal Code and all the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the written report submitted by Rameshwar Manjhi (P.W. 6) before the Officer-in-Charge, Jamua Police Station on 9/11/1998 alleging therein that there is a dispute with respect to jamabandi Nos. 3, 10 and 42 between the parties, for which proceeding under Sec. 144 CrPC was pending before the court. It is alleged that on 9/11/1998 at around 8.00 AM, aunt of the informant Jhumri Devi, wife of Chaman Manjhi and her daughter Sukur Muni went to harvest paddy crop from the Khata No. 25, plot no. 487, over which there was no dispute but subsequently, the informant was informed by his aunt that Babulal Manjhi has sent Ruru Rabidas, asking these persons i.e. Jhumri Devi and her daughter Sukur Muni not to harvest the paddy. Thereafter, the informant along with Chaman Manjhi, brother Rupu Manjhi and Sukhdeo Manjhi went to the plot and asked Babulal Manjhi that why they are not allowing them to harvest the paddy crop, upon which altercation took place and both sides have started challenging each other. In the meantime, Babulal Manjhi having arrow and farsha, Dheba Manjhi having arrow and lathi, Baso Manjhi having lathi, Sonalal Manjhi having arrow and danda, Paika Manjhi having arrow and Karhu Manjhi having lathi, started assaulting the informant with intention to kill him. Informant has further alleged that Babulal Manjhi, Sonalal Manjhi, Dheba Manjhi and Paika Manjhi shot arrows, which all hit on the body of the informant. It is also alleged that Babulal Manjhi assaulted the informant by means of farsha on his head. Dheba Manjhi assaulted Rupu Manjhi by means of lathi on right arm. Basu Manjhi and Sonalal Manjhi assaulted Sukhdeo Manjhi by means of lathi on head and left hand. Paika Manjhi, Rupu Manjhi and Karu Manjhi also assaulted informant by means of lathi and Dewa Manjhi and Karu Manjhi also pelted stone which did not hit anybody. On brawl, co-villagers came there and after causing serious injuries upon informant's side, accused persons have fled away. It is claimed that accused persons had intention to kill them.

(3.) On the basis of written report, police has registered Jamua P.S. Case No. 140 of 1998 dtd. 9/11/1998, under Ss. 147/ 148/ 323/ 324/ 337/ 307/ 447 of the Indian Penal Code against six named accused persons.