BISHNU RAKSHIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Anurag Kashyap, Advocate and Mr. Sudhir Kumar Roy, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant Criminal appeal is directed against the judgment of conviction dated 24.08.2004 and order of sentence dated 28.08.2004, passed by the 1st Additional Sessions Judge, Bokaro, in Sessions Trial Case No. 46 of 2001, whereby, these appellants have been convicted for the offence committed and punishable under Sections 325 and 506 of the Indian Penal Code and awarded each of the convicts simple imprisonment for the period of two years for the offence committed and punishable under Section 325 of the Indian Penal Code and simple imprisonment for the period of three months for the offence committed and punishable under Section 506 of the Indian Penal Code. Both the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, fardbeyan of Janaki Devi (P.W1) recorded by Sub-Inspector, B. R. Bhagat of Bokaro Steel City Police Station on 12.10.1999 at 19.30 hrs, wherein, the informant has stated, that today i.e. on 12.10.1999 at around 00 P.M. when she was in her house, brothers of her sister-in-law (gotni) namely, Bishnu Rakshit and Pran Rakshit came to her house and began to abuse her. In the process, they had threatened her with dire consequences if she would not withdraw the criminal case lodged by her against them. When the informant refused to withdraw the case, it is alleged that both the accused persons began to assault her with lathi in their hands. It is further alleged that the accused persons have assaulted informant on her hands, feet and back and as a result of such assault, the ankle of her right leg and the thumb of her right hand got fractured and the sole of her left leg also got swelling. It is further alleged that accused persons have also assaulted her brother-in-law, Gopal Modak, who came to save her, because of that he has also sustained injury for which treatment is going on.