SURESH AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants Mr. Praveen Shankar Dayal, assisted by Mr. Munna Kumar, Advocates and Mrs. Niki Sinha, learned Additional Public Prosecutor appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction dated 23.01.2004 and order of sentence dated 24.01.2004, passed by learned Additional Sessions Judge-XIII, Dhanbad in Sessions Trial No. 503 of 1994, whereby all the four appellants have been convicted for offence committed and punishable under Sections 307/34 of the Indian Penal Code and awarded rigorous imprisonment for four years. The instant criminal appeal has been jointly filed by all the four appellants but during pendency of the appeal, appellant no.1, Suresh Agrawal died on 14.04.201 No application for grant of leave has been filed by the legal heirs or relatives of the deceased Suresh Agrawal within 30 days of his death as contemplated under section 394 Cr.P.C. and as such, the criminal appeal preferred by Suresh Agrawal is hereby abated. Now, the present appeal is only with respect to Neeraj Kumar @ Nearaj Agrawal @ Bablu Agrawal, Anil Kumar Agrawal and Rajesh Kumar Agrawal.

(3.) The prosecution case is based upon fardbeyan of informant, Prakash Kumar Ritolia, P.W.-4, recorded by A.S.I. N.K. Soren of Bank More police station on 10.01993 at Popular Nursing Home, Cabin No.1 at about 09:30 hours, wherein the informant has alleged that on 09.01993 at about 08:30 P.M., he was standing near the Rajendra betel shop at Ratan jee Road and was having cold drink in his hand. In the meantime all the four named accused persons namely, Rajesh Kumar Agrawal, Anil Kumar Agrawal, one of their younger brother and Suresh Agarwal came and surrounded the informant and started assaulting him. It is further alleged by the informant that Rajesh Kumar took out a bhujali and inflicted a blow above the waist on left side of the informant, causing severe injury. The informant has further alleged that Anil Gupta and a friend of Murari Lal Agarwal, whose name is not known to the informant have also assaulted the informant by means of fist and legs and thereafter the accused persons fled away. The informant has further stated that at the time of incidence whether Murari Lal Agarwal, was present or not, he is not sure about that. The informant has further stated that the occurrence has been witnessed by Anoop Kumar Gupta, Kamal Kumar Harodia, Arun Kumar Ritolia and Ajay Kumar Agrawal, who will disclose about the occurrence on being asked. The informant has further stated that he became unconscious after the occurrence and he is not aware that, who has brought him to the hospital. Informant has claimed that all the accused persons have assaulted the informant with intention to kill him.