GURU PADA MONDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsels for the appellants, Mr. A. K. Sahani assisted by Mr. Pankaj Verma and Mr. Ram Prakash Singh, learned Additional Public Prosecutor, appearing for the State assisted by Mr. Naveen Kumar Jaiswal, learned counsel for the informant.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 27.01.2004, passed by the learned 3rd Additional Sessions Judge, Fast Track Court, Jamtara, in Sessions Case No. 181 of 1989/52 of 2003, whereby, all the appellants/accused persons have been convicted for the offence committed and punishable under Sections 325 and 324 of the Indian Penal Code except appellant no. 1, Gurupad Mandal, who has been convicted for the offence committed and punishable under Sections 325 and 323 of the Indian Penal Code. Learned Trial court has awarded Rigorous Imprisonment for four years for the offence committed and punishable under Section 325 of the Indian Penal Code to the appellant Guru Pada Mondal and one year Rigorous Imprisonment for the offence committed and punishable under Section 324 of the Indian Penal Code to the appellants/accused persons namely Balram Mondal, Sukhdeo Mondal and Nimai Mondal. They are also further directed to pay fine of Rs. 500/- each and in default of payment of fine these three appellants/accused persons have to undergo further simple imprisonment of two months each. The learned trial Court has also directed, extending benefit under Section 360 Cr. P.C., the appellants namely Guru Pada Mondal and Shyamapada Mondal, considering their age, to be released on their entering into a bond of Rs. 5,000/- with two sureties and to appear and receive sentence when called upon and further directed to keep peace and be of good behaviour for a period of two years. All the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, fardbeyan of Badal Dasi Ghosh (P.W.4) recorded by Sub-Inspector of police Rameshwar Singh of Bindapathar, Police Station on 09.04.1998 at 10.00 A.M. At village-Mathura Mohul Tala Khet, wherein, the informant has stated, that the informant along with her husband Bhudar Ghosh went to their field for collecting Mahuwa. Informant has further stated that in the morning at 6.30 A.M. the accused persons namely Guru Pada Mondal , Shyamapada Mondal, Bala Ram @ Balai Mondal, Sukhdeb Mondal and Nimai Mondal came there with lathi, sword and farsa in their hands and behested the informant to withdraw the case, filed in Jamtara Court against the accused persons. Husband of the informant has denied to withdraw the case as they have constructed house upon his land, upon which Guru Pada Mondal having lathi in his hand assaulted the informant and her husband. Thereafter, Husband of the informant has been assaulted by Shyamapada Mondal with sword on head, Sukhdeb Mondal with farsa below right knee, Bala Ram @ Balai Mondal with sword on left wrist and Nimai Mondal with sword on right elbow causing injuries. Informant has further stated that her husband after sustaining severe injuries fell down and became restless. Upon raising alarm by the informant Parimal Manjhee and her sons Parimal Ghosh and Asutosh Ghosh came to the spot running there and witnessed the occurrence. Informant has claimed that accused persons have assaulted her and her husband with intention to kill.