RABI LOHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Mr. S. K. Lall, learned counsel for the appellants and Mr. Vikash Kishore, learned Additional Public Prosecutor appearing for the State.

(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 03.03.2005, passed by the learned 1st Additional Sessions Judge, Saraikella, in S.T. Case No.374 of 1994, whereby, the appellants have been convicted for the offence committed and punishable under Section 324/34 I.P.C. The learned trial Court has awarded the appellants, Rabi Lohar and Lal Singh Lohar to undergo rigorous imprisonment for two years and a fine of Rs. 3,000/- for the offence committed and punishable under Section 324/34 I.P.C. and in default of payment of fine, to undergo further rigorous imprisonment for one month. So far appellant, Ghashi Ram Lohar is concerned, he has been awarded rigorous imprisonment for one year and fine amount of Rs. 1,000/- for the offence committed and punishable under Sections 324/34 I.P.C. and in default in payment of fine, the appellants shall undergo further rigorous imprisonment for fifteen days.

(3.) The prosecution case, is based upon, written report, submitted by the informant, Sonu Lohar (P.W.2) before the Officer-in-Charge, Rajnagar Police Station, alleging therein, that on 25.08.1993 at around 8.30 a.m., the wife of the informant and the wife of the appellant, Ghanshi Ram were quarreling for partition of the property. The informant along with his son, Kripal Lohar (P.W.6) went there to pacify them. In the meantime, the elder brother of the informant, Ghashi Ram Lohar and his son, Rabi Lohar came there and stated to the informant that his wife is of quarreling nature and stopped her from quarreling, upon which, the informant tried to pacify his wife. In the meantime, Lal Singh Lohar, eldest son of Ghashi Ram Lohar came with sword and said that he will kill both father and son and indiscriminately assaulted Sonu Lohar and his son, Kripal Lohar. The informant and his son were caught by Ghashi Ram Lohar, Rabi Lohar and Lal Singh Lohar assaulted them which caused injury on head and on both hands of the informant and on palm of his son, Kripal Lohar . The occurrence was witnessed by other persons of the village, namely, Makardhwaj Pradhan (P.W.1) and Munishankar Pradhan (P.W.5) and thereafter information was given to the Police.