SRIDHAR PASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the appellants have faced the trial in Session Trial No.84 of 2001 before the Sessions Judge, Godda, who by judgment of conviction and order of sentence dated 04th December, 2003 held them guilty and awarded them sentence to undergo R.I. for 5 years under sections 307/34 of the Indian Penal Code and S.I. for three months under section 341 of the Indian Penal Code to each of them. Both the sentences will run concurrently.

(2.) It appears that this appeal was filed on 05.01.2004 and it has been admitted for hearing on 19.03.2004 and the LCR was called for.

(3.) The prosecution, in short, is that one Chhhaku Pasi gave his Fardbeyan before the Offfice-in-Charge, Poraihaat P.S. on 07.05.2000 alleging therein that while he was going to attend the marriage party of son of one Doman Pasi alongwith co-villagers,namely, Babulal Pasi, Kailu Pasi, Lalu Pasi and Rajesh Pasi, ,one Sridhar Pasi-appellants no.1 also followed him alongwith other person, namely, Anandi Pasiappellant no.2 and while he was returning from the marriage party, Sridhar Pasi- appellant no.1 came to the informant armed with HasuaI and assaulted him by means of Hasua on the left side of his neck causing injury and Anandi Pasi- appellant no.2 came and assaulted him by means of Lathi. The motive of occurrence is land dispute between the informant and the appellants and in the year 1995, the father of Sridhar Pasi was murdered in the which Suresh Pasi, Naresh Pasi and the informant were made accused and the informant was awarded R.I. for life and presently he is on bail and another accused person namely, Naresh Pasi is absconder.