ARUN KUMAR SONI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. A.K. Chaturvedi, assisted by, Mr. Amit Kumar Choubey, Advocate and learned counsel for the State, Mrs. Lily Sahay, Additional Public Prosecutor, assisted by learned counsels for the informant, Mr. Bijaya Kishore Prasad and Bakshi Vibha, Advocates.

(2.) The instant criminal appeal is directed against the judgment of conviction dtd. 20/2/2004 and order of sentence, dtd. 21/2/2004, passed by learned Additional Sessions Judge, Fast Track Court No.-4, Hazaribag, in Sessions Trial No.362 of 1997, whereby both the appellants have been convicted for the offence committed and punishable under Ss. 326/34, 341/34 and 323/34 of the Indian Penal Code and awarded rigorous imprisonment for five years for the offence committed under Sec. 326/34 of the Indian Penal Code with a fine of Rs.5000.00 each, in case of default in payment of fine, to undergo further rigorous imprisonment for one year, rigorous imprisonment for one month for the offence committed and punishable under Sec. 341/34 of the Indian Penal Code and rigorous imprisonment for one year for the offence committed and punishable under Sec. 323/34 of the Indian Penal Code. All the sentences are directed to run concurrently. The amount of fine realized from the convict shall be given to the victim or the informant by way of compensation under Sec. 357 Cr.P.C.

(3.) The prosecution case is based upon written report of Sitaram Soni (P.W.-3), before the officer-in-charge, Sadar police station, Hazaribag on 14/4/1996, wherein the informant has stated, that a partition suit with respect to house is pending since, 1972 and presently the case is pending before the Hon'ble High Court between informant and family members of his step brother, Late Ram Kumar Soni, who are residing in the same house in 1st floor. It is further alleged that three-four days ago, the wife of Late Ram Kumar Soni has abused them because of fall of bicycle and her two sons namely, Arun Kumar Soni and Deepak Kumar Soni (appellants) were trying to assault them. It is further alleged that today in the morning, the son of the informant namely, Ram Narayan Soni (P.W.-4) came from Kolkata and at around 05:00 P.M. he has tried to pacify Deepak Kumar Soni and Arun Kumar Soni, sons of Late Ram Kumar Soni but both accused persons caught hold of Ram Narayan Soni, son of the informant and dragged him on the road. It is further alleged that Deepak Kumar Soni assaulted Ram Narayan Soni, on his head by means of iron rod, causing bleeding injury, when the informant came for rescue he was also assaulted by iron rod on his palm of left hand. It is further alleged that Arun Kumar Soni also assaulted informant by means of danda on his left side ribs. It is further alleged that on brawl, many persons came there and saved them. Thereafter, son of informant, Ram Narayan Soni was brought to the hospital by rickshaw for treatment and information was given to the police.