JAY PRAKASH GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since appellant No.3, namely Umesh Sao, son of Lal Bihari Sao, died during pendency of the present Criminal Appeal, as such Criminal Appeal preferred by the appellant No.3, Umesh Sao stands dismissed as abated. The present Criminal Appeal is pending for the rest of two appellants, i.e. appellant No.1, Jay Prakash Gupta @ Jai Prakash Sao and appellant No.2, Uma Shankar Sao.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 20.09.2005, passed by the learned 3rd Additional Sessions Judge, Garhwa, in S.T. Case No.130 of 2003, whereby the appellants, Jai Prakash Sao and Uma Shankar Sao have been found and held guilty for the offence committed and punishable under Sections 323, 341 and 504 I.P.C. and awarded rigorous imprisonment for one year under Section 504 I.P.C. and rigorous imprisonment for six months under Section 323 I.P.C., but no separate sentence has been awarded under Section 341 I.P.C. All the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, the 'fardbeyan' of the informant, Narayan Sao (P.W.2), recorded by Budhram Oraon, Assistant Sub Inspector of Police on 14.03.2003 at 9.00 Hours at the Clinic of Dr. Sidh Nath Prasad (P.W.5), wherein the informant has stated that while he was returning from his duty in the morning at 6.00 A.M. and as soon as, he reached near the Main Road at around 7 A.M. in front of the house of Bihari Saw, he saw his three sons namely, (1) Jay Prakash Gupta @ Jay Prakash Sao, (2) Uma Shankar Sao and (3) Umesh Sao started abusing and assaulted the informant and on protest made by the informant, it is alleged that accused, Jay Prakash Sao and Uma Shankar Sao assaulted him by means of lathi. In the meantime, accused, Umesh Sao (whose Criminal appeal stands abated) came there and assaulted the informant by means of garasa on his head with an intention to kill, causing bleeding injury on the right shoulder and again inflicted another garasa blow on the head of the informant, causing bleeding injury on the right side of his head, upon which the informant fell down. On brawl, co-villagers, namely, Ram Sundar Sao, Ram Janam Paswan and others came there and after seeing those persons, the accused persons fled away. Subsequently, the informant was brought to Nagar Utari where the informant is undergoing treatment.