FORESTER NONIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 05.01.2004 and order of sentence dated 06.01.2004, passed by learned Additional Sessions Judge, F.T.C. No. V, Deoghar, in Sessions Case No. 72 of 2002, whereby all the above named appellants have been convicted for the offence committed and punishable under Section 325/34 of the Indian Penal Code and have been awarded rigorous imprisonment for five years with a fine of Rs. 2000/- each and in default of payment of fine amount, the appellants have to further undergo imprisonment for three months.

(2.) The prosecution case is based upon the written report submitted by Nandan Kumar Chauhan (P.W. 5), before the Officer-in-Charge, Madhupur police station, Deoghar, on 05.07.2001, alleging inter alia that informant is resident of village Jasiadih, P.S. Madhupur, District- Deoghar and in the year, 1981, the Pradhan of Jasiadih namely late Gajadhar Nonian has given one bigha of land to his father for construction of house and cultivation and since then the informant and his family is in possession of the land. It is stated that, after death of Pradhan Gajadhar Nonian, his sons have started cultivating the land except the land on which the informant has constructed his house and two kathas of land in front of his house, which is being used as khalihaan, on the plea that their father has given the land only for construction of the house. It is further alleged that on 05.07.2001 at around 30 P.M., Forester Nonian @ Noniya, Devendra Nonian @ Noniya, Bhairav Nonian @ Noniya and Umesh Nonian @ Noniya came to the khalihaan of the informant and removed the straw kept there. Forester Nonian @ Noniya and Bhairav Nonian @ Noniya started ploughing the field with the help of ox. It is further alleged that Umesh Nonian @ Noniya and Devendra Nonian @ Noniya were standing there. When informant and his father came to protest, then Forester Nonian @ Noniya, Bhairav Nonian @ Noniya came near the informant to assault. Forester Nonian @ Noniya having farsi, Devendra Nonian @ Noniya having tangi and Umesh Nonian @ Noniya and Bhairav Nonian @ Noniya having lathi in their hands came running there and started assaulting the father of the informant. It is specifically alleged that Devendra Nonian @ Noniya assaulted the father of the informant on his head by means of tangi, due to which, informant has sustained bleeding injury on his head and fell down. On brawl, Jamuni Devi, wife of Devendra Nonian and Sharma Devi, wife of Forester Nonian @ Noniya and Naresh Nonian @ Noniya also came there with lathi and started assaulting the father of the informant. The informant has further alleged that he went for rescue of his father, then Forester Nonia @ Noniya tried to assault him by means of farsi and subsequently, he was assaulted by means of lathi by Bhairav Nonian @ Noniya and Umesh Nonian @ Noniya. It is further alleged that when father of the informant became unconscious, the accused persons believing that his father has died, fled away. It has further been alleged that the accused persons have assaulted father of the informant with an intention to kill.

(3.) On the basis of the written report of the informant, police has registered Madhupur P.S. Case No. 119 of 2001, dated 05.07.2001, under Sections 341, 323, 324 and 307/34 of the Indian Penal Code against seven accused persons including the appellants.