RAM NIWAS CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned senior counsel appearing on behalf of the appellants, Mr. A. K. Kashyap assisted by Mr. Sudhir Kumar and Mr. Anurag Kashyap, Advocates and learned counsel for the State, Mrs. Laxmi Murmu, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dtd. 17/3/2004, passed by the learned 1st Additional Sessions Judge, Fast Track Court, Garhwa, in S.T. Case No.96 of 1998, arising out of Meral P.S. Case No.63 of 1995 corresponding to G.R. No.566 of 1995, whereby all the sixteen (16) appellants have been convicted for the offence committed and punishable under Ss. 147 and 323 I.P.C. and the appellant No.1 (Ram Niwas Choubey) has further been convicted for the offence committed and punishable under Ss. 148 and 324 I.P.C. All the accused persons/ appellants from No.2 to 16 have been released on probation for the period of one year to maintain peace and good behaviour on furnishing probation bond of Rs.10,000.00 with two sureties of like amount each, under Sec. 4(1) of the Probation of Offenders Act, 1958. So far as appellant No.1, Ram Niwas Choubey is concerned, the learned trial court has awarded sentence to undergo rigorous imprisonment for two years for the offence committed and punishable under Sec. 324 I.P.C. and rigorous imprisonment for one year for the offence committed and punishable under Sec. 148 I.P.C. Both the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, the 'fardbeyan' of the informant, Jogi Choudhary (P.W.5), recorded by S. Paswan, Sub Inspector of Police, Meral Police Station, on 26/9/1995 at 11.00 A.M. at State Dispensary Meral. The informant has alleged that today at around 8-9 A.M., when all the four sons of the informant, namely, Prasad Choudhary, Moti Choudhary, Moti Lal Choudhary and Mantu Choudhary were ploughing their field, situated on the south east of the village, then accused persons namely, (1) Dosh Choubey, (2) Dwarika Choubey, (3) Mandip Choubey, (4) Hardev Choubey, (5) Amar Choubey (6) Ramniwas Choubey (7) Prem Choubey, (8) Subhash Choubey (9) America Choubey (10) Mithilesh Choubey (11) Kalai Choubey (12) Biren Choubey (13) Rabindra Choubey (14) Binay Choubey and other persons of Choubey family, whose names are not known to the informant, approximately 20-25 persons, came over the land of the informant with lathi, garasa and bhala. As soon as, the accused persons came, Ram Niwas Choubey assaulted son of the informant, Moti Choudhary by means of garasa on his head causing bleeding injury. All the other accused persons have also assaulted by means of lathi, due to which all the four sons of the informant sustained injury. The informant has specifically alleged that Dwarika Choubey has assaulted son of the informant, namely, Prasad Choudhary by means of lathi. Dosh Choubey has assaulted Moti Lal Choudhary causing injury. All the accused persons have assaulted indiscriminately, causing injury to his sons, who fell on the ground. On brawl, co-villagers came there and thereafter the accused persons have fled away. The villagers assembled there, saved these persons and brought them to the Hospital and the informant remained at his field. The informant has stated that he was also in the field, but at a distance. The informant has claimed that the occurrence has been witnessed by the other persons, who will say about the occurrence. The informant has alleged that cause of the occurrence is due to land dispute, prevailing between the parties for 25 -30 years and the accused persons are trying to grab the three acres and sixty two decimals (3 acres 62 decimals) of land, which the informant is opposing.