SATENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 29/3/2004 and order of sentence dtd. 31/3/2004, passed by learned Additional Sessions Judge, Jamshedpur, Fast Track Court No. VII in Sessions Trial No. 492 of 1995, whereby the appellant Satendra Singh along with his brother Harendra Singh, have been charged under Sec. 307/34 of the Indian Penal Code, have been convicted for the offence committed and punishable under Sec. 324/34 of the Indian Penal Code and awarded rigorous imprisonment for two years. The period already undergone in course of trial shall be set off under Sec. 428 CrPC.

(2.) The prosecution case is based upon the written report submitted by Ramdhani Sharma (P.W. 1) before the Officer-in-Charge, Sonari Police Station on 5/11/1993 alleging therein that when the informant's daughter Sunaina was brooming her courtyard, the brothers of Malkhan Singh namely Satendra Singh and Harendra Singh asked her, why she is keeping debris/waste towards their house, upon which quarrel started between the parties and Sunaina quetioned the accused persons, why they are abusing? In the mean time brothers of Malkhan Singh namely Harendra Singh having farsa and Satyendra Singh having gupti assaulted the informant's daughter Sunaina, on her head and cheek, causing bleeding injury, due to which, Sunaina fell down, who was brought to the police station by Bharat Singh and Ram Nath Pandey, present there. The informant has further alleged that his wife has also been assaulted on her hand by both the accused persons. The accused persons are always giving threatening with dire consequences.

(3.) On the basis of written report, police has registered Sonari P.S. Case No. 91 of 1993 dtd. 5/11/1993, under Ss. 307/ 324/34 of the Indian Penal Code against two accused persons namely, Harendra Singh and Satyendra Singh.