GOVIND THAKUR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 10/12/2003 and order of sentence dtd. 11/12/2003, passed by learned Sessions Judge, Giridih, in Sessions Trial No. 201 of 1998, whereby the sole appellant has been convicted for the offence committed and punishable under Ss. 304, 448 and 323 of the Indian Penal Code and has been awarded rigorous imprisonment for seven years for offence committed and punishable under Sec. 304 of the Indian Penal Code, rigorous imprisonment for six months each for offence committed and punishable under Ss. 448 and 323 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Ramchandra Thakur (P.W. 2), recorded by Sub-inspector of police, J. N. Singh, Officer-in-charge, Bengabad Police Station, on 25/7/1997 at 20.00 Hrs. in village Mahuar, where the informant has alleged, that on 22/7/1997 at around 12 noon, when the informant returned after ploughing his paddy field, co-villager, Govind Thakur (appellant), came to his house and started abusing by asking "why your cattles have grazed my maize crops". The informant replied, that some maize crop might have been grazed by the Ox during ploughing, upon which, the appellant started quarreling and assaulting the informant by fist and slap. When the mother of the informant came, she was also assaulted by fist and slap, in the meantime, the father of the informant, who was inside the house, came out, he was also assaulted by fist and slap, due to which father of the informant fell down, who was taken on the bed, as he was not keeping well and was under treatment. The informant has further stated, that suddenly on Thursday, 24/7/1997 at 11.00 P.M., father of the informant died and thereafter, informant has given his fardbeyan to the police on 25/7/1997.

(3.) On the basis of the fardbeyan of the informant, police has registered Bengabad P.S. Case No. 55 of 1997, dtd. 25/7/1997, under Ss. 448/304 of the Indian Penal Code.