NIMAI JOJO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. R. S. Mazumdar, learned senior counsel for the appellant assisted by Mr. Ankit Kumar, Advocate and learned counsel for the State, Mr. Nehru Mahto, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the Judgment of conviction, dated 19th April, 2004, and order of sentence dated 21st April, 2004, passed by the learned Additional District & Sessions Judge, Fast Track Court Vth, Chaibasa, in S.T. No.28 of 2003, whereby the sole appellant, Nimai Jojo has been convicted for the offence committed and punishable under Sections 341 and 307 of the Indian Penal Code and sentenced him to undergo R.I. for 15 days for the offence committed and punishable under Section 341 I.P.C. and R.I. for 7 years for the offence committed and punishable under Section 307 I.P.C. Both the sentences are directed to run concurrently.

(3.) The prosecution case is based upon 'fardbeyan' of the informant, Pradhan Jojo (P.W.6), recorded by, Sub Inspector of Police, Kanta Kumari, Sadar Police Station on 11.12.2002, at about 11.55 hours, in Sadar Hospital, Chaibasa, wherein, the informant has alleged that yesterday i.e. 10.12.2002 (Tuesday), his younger brother, Damo Jojo went for working in the Khaliyan of Ramesh Singh Kuntia at Village- Hathibasa and till late night, his brother did not return. Thereafter daughter of Damu Jojo, namely Kundi, aged about 8 years and son, Ramay, aged about 7 years went there to call him and all the three were returning their home. It is alleged that as soon as, they came near the house of Taka Jojo, the accused, Nimai Jojo was hiding himself there, came out with danda and assaulted the younger brother of the informant, Damu Jojo (P.W.5). Both the children have fled away and informed the informant. Thereupon the informant and other persons came there and saw his brother Damu Jojo (P.W.5) in an unconscious condition having bleeding injury on his head. Because of late night, the injured could not be brought to the Hospital and in the morning, he was brought to the Hospital, where he is undergoing treatment. The informant has alleged that because of the land dispute between the parties, the informant's brother has been assaulted by Nimai Jojo (appellant).