HULAS MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 30.01.2004, passed by learned Additional Sessions Judge, Fast Track Court No. VII, Giridih, in Sessions Trial No. 24 of 1999, whereby the appellants Hulas Mandal, Badri Mandal and Brihaspati Mandal have been found guilty and convicted for the offence committed and punishable under Section 325 of the Indian Penal Code and appellant Bajo Mandal has been convicted for the offence committed and punishable under Section 323 of the Indian Penal Code. The learned trial court instead of awarding sentence directed all the four appellants to execute a probation bond of Rs. 10,000/- with two sureties of like amount each with a direction to keep peace and be of good behaviour for a period of two years under probation of Offenders Act.

(2.) The prosecution case is based upon the fardbeyan of the informant Khublal Mandal (P.W. 2) recorded by Sub-Inspector of Police, R.J. Sharma of Mufassil Police Station on 23.10.1998 at 4.30 P.M. in Male ward No. 2 at Giridih Sadar Hospital, where the informant has alleged that he along with his father Bulaki @ Chaman Mandal and mother Chetani Devi went to his Garha field for removing the sand and was removing the sand by keeping the same on gairmazarna land which was settled in the name of their agnates. It is alleged that said land has been transferred in the name of Badri Mandal and his sister by Hulas Mandal after making a deed executed by Gouri Shankar Sahay. Badri Mandal was ploughing the said field, upon which the informant's father claimed his share. It is alleged that Hulas Mandal, Bajo Mandal, Badri Mandal, Brihaspati Mandal and Jageshwar Mandal, after forming unlawful assembly, armed with tangi and danda assaulted the prosecution side. It is further alleged that Hulas Mandal having tangi in his hand assaulted the father of the informant on right leg below the right knee causing cutting of the bone. Brihaspati Mandal assaulted the father of informant by means of tangi on his head and other persons have assaulted him by means of lathi. The informant has alleged that he was assaulted by means of lathi by Bajo Mandal on his hand and leg and Hulas Mandal assaulted on his head by means of tangi causing bleeding injury. When mother of the informant came for rescue, she was also assaulted by means of tangi by Hulas Mandal causing injury on her right wrist. The accused persons were trying to kill them after forming unlawful assembly but because of intervention of Nageshwar Mandal, Doman Mandal, Somar Mandal, Badhu Ram and others they have been saved and they were brought to the hospital where they are undergoing treatment.

(3.) On the basis of the fardbeyan of the informant, police has registered Giridih (M) P.S. Case No. 319 of 1998 dated 23.10.1998, under Sections 147/ 148/ 149/ 342/ 323/ 324/ 326/ 307 of the Indian Penal Code against five named accused persons.