KARTIK PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants, Mr. Ranjan Kumar Singh assisted by Mr. Din Dayal Saha, Advocate and learned counsel for the State, Mr. Sudhir Kumar Roy, learned Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 13.02.2004 and order of sentence dated 16.02.2004, passed by learned Ist Additional Sessions Judge, Deoghar, in Sessions Trial No. 79 of 1996/49 of 2002, whereby the appellant, Kartik Pandit has been convicted for offence committed and punishable under Sections 323, 324 and 326 of the Indian Penal Code. Appellant, Shantu Pandit has been convicted for offence committed and punishable under Section 323 of the Indian Penal Code. Appellant, Charku Pandit has been convicted for offence committed and punishable under Sections 323 and 325 of the Indian Penal Code. Appellant, Sakal Pandit has been convicted for offence committed and punishable under Sections 323, 324 and 326 of the Indian Penal Code. No separate sentence has been awarded by the learned trial Court for the offence committed and punishable under Sections 323 and 324 of the Indian Penal Code. However, for the offence committed and punishable under Section 326 of the Indian Penal Code, the learned trial Court has awarded Rigorous Imprisonment for two years with fine of Rs.500/- each and in case of default in payment of fine to undergo further simple imprisonment for five months against appellants, Kartik Pandit and Sagar Pandit @ Sakal Pandit. So far offence committed and punishable under Section 325 of the Indian Penal Code is concerned, the learned trial Court has awarded Rigorous Imprisonment for one year with fine of Rs. 500/- and in case of default in payment of fine to undergo further simple imprisonment for five months, against appellant, Charku Pandit. Appellant, Shantu Pandit, who has been only convicted for offence committed and punishable under Section 323 of the Indian Penal Code has been released on his entering into a bond of Rs.1000/- with two sureties of like amount to appear and receive sentence when called upon during one year and in the meantime to keep peace and be of good behaviour under Section 4(1) of the Probation of Offenders Act and these accused persons have been released on provisional bail by learned Court below vide order dated 16.02.2004. But by the same impugned judgment the learned trial Court has acquitted Nine other co-accused persons. The state or informant has not preferred any criminal appeal against acquittal of nine coaccused persons.

(3.) The prosecution case, is based upon, fardbeyan of informant, Nuneshwar Roy recorded by A.S.I., Madhusudan Singh, Sarath Police Station on 31.10.1985 at 20.00 Hrs., wherein, the informant has alleged that, yesterday i.e. on 30.10.1985 at about 7.00 P.M. When he has returned to his house from Deoghar, he saw some persons gathered near his house and his son Triveni Roy was lying unconsciously in injured condition and Bishwanath Roy and Uttam Kumar Roy were also standing there in injured condition. On querry Bishwanath Roy told to the informant that Shantu Pandit and Nakul Pandit were using filthy language and were saying that Sanjeev Roy had damaged their paddy crops by uprooting the same, upon which Triveni Roy, Uttam Roy and Bishwanath Roy went to the house of Santu Pandit and Nakul Pandit and forbade them from abusing but the accused Santu Pandit instigated other accused persons to assault upon Triveni Roy and others, upon which all the accused persons namely, Santu Pandi, Charkhu Pandit, Sudama Pandit, Nakul Pandit, Sagar Pandit, Kartik Pandit, Badri Pandit, Raghu Pandit, Sukhdeo Pandit, Sakal Pandit, Sugriv Pandit, Karman Pandit, Kirtan Pandit and Bharat Pandit armed with lathi, Bhala, Farsha and Bhujail, surrounded Triveni Roy, Uttam Kumar Roy and Bihswanath Roy and started assaulting them. It is alleged that Kartik Roy has assaulted Triveni Roy, by means of Farsha on his thigh and Sagar Pandit has also assaulted by means of Bhala on his thigh and Charku Pandit has assaulted by means of rod on his nose. It has further been alleged that Santu Pandit has assaulted Bishwanath Roy on his head with Bhujali and Sudama Pandit has assaulted Uttam Kumar Roy with lathi on his head, as a result of which they have sustained injuries. It has been further alleged that all the other accused persons surrounded the said injured persons and were assaulting them with lathi. On raising brawl, Chowkidar Jugal Mirdha and his brother Chigar Mirdha, Bhagirath Roy and Ashok Prasad Roy and others came there, then the accused persons entered into their own house. The injured Triveni Prasad Roy, Bishwanath Roy and Uttam Kumar Roy were taken to Hospital for treatment as they were in serious condition. Subsequently information was given to the police station.