SUDARSHAN THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dtd. 26/3/2004, passed by learned Additional Sessions Judge, Fast Track Court No. 4, Palamau at Daltonganj, in Sessions Trial No. 199 of 2002, whereby the appellants namely Sudarshan Thakur, Satya Prakash Thakur, Satish Thakur, Sharawan Thakur, Mukesh Thakur and Mahendra Thakur have been convicted for the offence committed and punishable under Ss. 148, 308/149 of the Indian Penal Code and have been awarded rigorous imprisonment for three years for the offence committed and punishable under Sec. 308/149 of the Indian Penal Code but no separate sentence has been awarded under Ss. 148 and 149 of the Indian Penal Code.

(2.) The prosecution case is based upon the fardbeyan of the informant Laxman Thakur (P.W. 6), recorded by Sub-Inspector of Police Maheshwar Rajak of Chainpur Police Station on 23/7/2001 at 13.00 Hrs. alleging inter alia that today i.e. on 23/7/2001, at around 10.00 A.M., while the informant was ploughing his field by means of tractor (1) Sudarshan Thakur (2) Satya Prakash Thakur (3) Mahendra Thakur (4) Satish Thakur (5) Sarwan Thakur and (6) Mukesh Thakur, came there with garasha, lathi and bhala and forbade the informant from ploughing the same by claiming the land. It is told by the informant that he has purchased the land in the name of his mother and thereafter all the accused persons assaulted the informant by means of garasha on his head, causing bleeding injury and the accused persons have also assaulted the sons of informant by means of garasha, bhala and lathi causing severe injuries. The informant has claimed that the accused persons have assaulted them with intention to kill.

(3.) On the basis of the fardbeyan of the informant, police has registered Chainpur P.S. Case No. 88 of 2001 dtd. 23/7/2001, under Ss. 147/148/ 149/ 323/ 324/ 307 of the Indian Penal Code against six named accused persons.