RASIK BASKI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant No.2, Sishupal Baski died in March, 2014, as such, the criminal appeal preferred by him stands abated.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 28.09.2004, passed by the learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara, in Sessions Case No.494 of 1992 / 154 of 2002, whereby, the appellants have been convicted for the offence committed and punishable under Sections 307 read with 149 I.P.C. and also for the offence committed and punishable under Sections 325 as well as 149 I.P.C. and awarded rigorous imprisonment for seven years for the offence committed and punishable under Sections 307 /149 I.P.C. and a fine of Rs. 1,000/- each and in default of payment of fine, the accused shall further undergo simple imprisonment for six months and the convicts have also been awarded rigorous imprisonment for three years for the offence committed and punishable under Sections 325 /149 I.P.C. and all the sentences are directed to run concurrently.

(3.) The prosecution case is based upon, the fardbeyan of the informant, Poldar @ Pollar Baski, recorded by A.S.I., Jamtara Police Station on 207.1991 at 9 p.m. at Jamtara Hospital, wherein the informant has alleged that in the morning at 7 a.m. on 207.1991 when the informant went to see his paddy field, he saw the accused persons, Dudulal Baski, Sishulal Baski, Bisheswar Baski, Bhola Baski and Rup Lal Baski were ploughing his field. The informant asked them not to do so. Thereafter all the accused persons abused him and gave threatening with dire consequences. When the informant asked them not to abuse nor plough his field, then Rasik Baski having lathi, Bhajan Baski having ballam, Rup Lal Baski having axe (tangi), Bhola Baski having lathi, Bisheshwar Baski having lathi, Sishulal Baski having lathi, Rupai Baski having lathi and Dudulal Baski having lathi came and started assaulting the informant. Rasik Baski by means of lathi and Bhajan Baski by means of ballam assaulted on the head of the informant and other parts of the body. On brawl raised by the informant, his son, Kunji Ram Baski came along with his brother, Bhokta Baski, who were also assaulted by the above named accused persons by means of lathi, axe and Ballam on head and other parts of the body. The accused persons were shouting that today all the three will be killed. The informant has alleged that because of the assault, his son, Kunji Ram Baski got injury on his left leg and his brother, Bhokta Baski has suffered fracture injury on his right hand. On brawl raised by the informant, co-villagers came then accused persons fled away. The informant has alleged that the above-named accused persons have committed this occurrence as litigation is going on between the parties, but the accused persons are trying to cultivate the land which is in possession of the informant.