RAMESHWAR MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) All the aforesaid four appellants have been convicted vide judgment of conviction and order of sentence both dated 06.12003 passed in S.T. No.434 of 1995 (arising out of Jainagar P.S. Case No.73 of 1994 corresponding to G.R. No.798 of 1994) by the learned 1st Addl. District & Sessions Judge, Koderma, whereby the appellants have been convicted for the offence under Section 323 of the Indian Penal Code and directed to furnish bail bond of Rs.5,000/- each to keep peace and good behaviour with the informant as well as family members and by the same judgment the learned trial court has acquitted the appellants under Sections 379, 325, 341 and 307/34 of the Indian Penal Code.

(3.) The prosecution case is based upon the written report of the informant, Jagdish Modi on 16.12.2004 alleging therein that on 15.12.1994 (Thursday) while the informant was returning from his shop at Domchanch to his house on bicycle, having cash of Rs.1560/- in his pocket and as soon as he reached near Sindwar bush of Village Raghunia Tand at around 6 p.m., his own uncle, Rameshwar Modi, his sons, Ashok Modi, Binod Modi and nephew, Vijay Modi S/o Mahadeo Modi came armed with Lathi, Iron-rod etc., assaulted the informant so that he should leave the land. The informant has stated that he left the cycle and fell down. Thereafter Binod Modi has taken Rs.1560/- from his pocket. The informant has stated that all the accused persons are agnates and they had land disputes since long as these persons are not giving the share of the land for which the occurrence has been committed. The informant, in the injured conditions has stated that with the help of villagers he came to the Police Station and reported the matter.