SHANKAR RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the Criminal Appeals have been preferred against the judgment of conviction dated 20.05.2004 and order of sentence dated 22.05.2004, passed by learned 1st Additional Sessions Judge, Jamtara, in Sessions Case No. 140 of 1998/193 of 2001, whereby eight appellants have been held guilty for the offence committed and punishable under Sections 147, 325 and 452 of the Indian Penal Code except Munna Rajak who has been convicted for the offence committed and punishable under Sections 147, 323 and 452 of the Indian Penal Code. Dhani Singh (appellant in Cr. Appeal (SJ) No. 1133 of 2004) has further been convicted for the offence committed and punishable under Section 304 Part II of the Indian Penal Code and accused persons namely Gopal Rajak, Bablu Rajak, Belu Rajak, Munna Rajak, Binod Rajak, Prema Rajak and Shankar Rajak have been acquitted from the charge under Section 302/149 of the Indian Penal Code and all the accused persons have been acquitted from the charge under Section 307/149 of the Indian Penal Code. The learned trial court has awarded rigorous imprisonment for eight years for the offence committed and punishable under Section 304 Part II of the Indian Penal Code to the appellant Dani Singh (in Cr. Appeal (SJ) No. 1133 of 2004). All the accused persons (appellants in Cr. Appeal (SJ) No. 911 of 2004) and appellant in Cr. Appeal (SJ) No. 1133 of 2004) have been awarded rigorous imprisonment for one year for the offence committed and punishable under Section 147 of the Indian Penal Code, rigorous imprisonment for four years for the offence committed and punishable under Section 452 of the Indian Penal Code with a fine of Rs. 1000/- and in default of payment of fine, further simple imprisonment for three months and except Munna Rajak, all other above named accused persons including Dani Singh have been awarded rigorous imprisonment for four years with fine of Rs. 1000/- and in default in payment of fine, further simple imprisonment for three months for the offence committed and punishable under Section 325 of the Indian Penal Code. So far Munna Rajak is concerned, he has been awarded rigorous imprisonment for six months for the offence committed and punishable under Section 323 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Charan Rajak recorded by Sub Inspector of Police D.D. Sharma of Police Camp, Karmatar Police Station, Jamtara on 25.08.1997 at 16.00 Hours at Khutabandh village. The informant has alleged that today i.e. on 25.08.1997 at around 2.00 P.M., when the informant was sitting outside his house in the street, co-villagers namely Shankar Rajak, Bablu Rajak, Binod Rajak have uprooted five bamboo sapling from his plot no. 1048. On making protest by the informant, the accused persons gave him threatening and went to their house and soon thereafter they returned with Gopal Rajak, Belu Rajak, Munna Rajak, Dani Singh and Prema Rajak with lathi and farsha and have started abusing the informant. The accused persons surrounded the informant in front of his door and Dani Singh having lathi in his hand has assaulted the informant on his head by means of lathi causing bleeding injury. Munna Rajak has assaulted the informant by means of fist and slap and thereafter all the accused persons entered into the house of the informant and Gopal Rajak has assaulted the daughter-in-law of the informant Kalo Devi by means of farsha on her head causing bleeding injury. Dani Singh has assaulted the daughter-in-law of the informant Kalo Devi by means of lathi. It is further alleged that informant's son Hazari Rajak was assaulted by Bablu Rajak and Prema Rajak by means of lathi on his hand, another son of the informant Khiru Rajak was also assaulted by means of farsha on his head by Shankar Rajak and Binod Rajak has assaulted him by means of lathi on his hand. On hearing brawl, Mahadev Rajak and Badal Rajak came running there for rescue. It is alleged that Gopal Rajak assaulted Mahadev Rajak by means of farsha near his eye-brow and Belu Rajak assaulted Mahadev Rajak by means of lathi on his head. It is further alleged that Shankar Rajak caught hold of Badal Rajak and Binod Rajak has assaulted Badal Rajak, by means of lathi on his hand. Thereafter, all the accused persons after taking one lota, one plate (thali) and a pair of iron for pressing cloths and some articles, went away from the house. The informant has alleged that accused persons have land dispute with them and as such, the occurrence has been committed in which the accused persons have taken away articles worth Rs. 2,000/-.

(3.) On the basis of the fardbeyan of the informant, police has registered Jamtara P.S. Case No. 110 of 1997 dated 25.08.1997, under Sections 147/ 148/ 149/ 341/ 307/ 323/ 324/ 379/ 427/ 448 of the Indian Penal Code against altogether eight named accused persons.