ISHAN TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant No.1, Ishan Tudu, Son of Sri Suru Tudu died in the year 2015 and the Criminal Appeal as against him, has already been abated vide order dated 30.08.2018 passed by this Hon'ble Court and the present Criminal Appeal was pending with respect to rest four appellants.

(2.) Heard, Ms. Kirti Saboo, learned Amicus Curiae and Mr. P. K. Appu, learned Additional Public Prosecutor appearing for the State.

(3.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 17th April, 2004, passed by the learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara, in Sessions Case No.148 of 1995/ 44 of 2003, whereby Sita Ram Tudu (appellant No.3) and Sanatan Tudu (appellant No.4) have been convicted by the learned trial court for the offence committed and punishable under Section 325 I.P.C. and awarded rigorous imprisonment for three years and to pay fine of Rs. 500/- each and in case of default in payment of fine, to undergo simple imprisonment for three months. The learned trial Court has also convicted, Ishan Tudu (appellant No.1), Thuru Hembram (appellant No.2) and Jawahar Lal Tudu @ Jauhar Tudu (appellant No.5) for the offence committed and punishable under Section 147 I.P.C. and awarded rigorous imprisonment for one year and to pay fine of Rs. 500/- each and in case of default in payment of fine, to undergo simple imprisonment for three months.