RAMESHWAR HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Appeal is against the judgment of conviction and order of sentence dated 17.12.2008 passed by learned Additional Sessions Judge 3rd, Jamtara (Fast Track Court) in Sessions Case No.19 of 2006 arising out of Jamtara P.S. CaseNo.41/2005 corresponding to G.R. No.80/2005, whereby and whereunder the appellants have been convicted for the offence under Section 341 of Indian Penal Code and thereby sentenced to undergo simple imprisonment for a period of one month and for the offence under Section 324/34 of the Indian Penal Code, sentenced to undergo rigorous imprisonment for a period of three years, and all these sentences were ordered to run concurrently.

(2.) Before appreciating the arguments advanced on behalf of the appellants as also the findings recorded by the learned Trial Court while convicting the appellants, it would be relevant to discuss the factual aspect.

(3.) In the instant case arising out of an F.I.R. instituted by one Upendra Marandi P.W.-6 - the informant, has stated that while returning from village Pakdih along with his brother Malindo Marandi at about 5.30 p.m. (evening) on 23.02.2005 by a bicycle, Rameshwar Hembram, Nunulal Murmu, Hemlal and Alin Tudu (appellants) have obstructed them near the area known as Kanchanbera and thereafter started assaulting them. It has been stated that Rameshwar Hembram had snatched away the bicycle and Nunulal had assaulted upon his head by an axe resulting into injury in his forehead, which resulted into bleeding. Rameshwar Hembram, who was with one iron rod had also started assaulting him due to which the injury had been caused in the back of the informant, Nunulal has again assaulted from the axe upon the head of the informant and thereafter Nunulal Hembram had assaulted his brother Malindo Marandi on his head resulting into bleeding, upon this, he raised noise. It has been stated that due to the injury caused upon the body of the informant and also on the brother, they fell down and after hearing hulla, the local villagers came and thereafter all the appellants fled away by taking the bicycle of the informant. It has been stated that there is a case going on with respect to land dispute and due to that reason only, in order to kill them, the assault has been inflicted upon them, hence, an F.I.R. has been instituted which was registered for the offences under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.