JAGAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsels for the appellants, Mr. Arvind Kumar Choudhary assisted by Mr. Rohit Agrawal, Advocates and Mr. Mukesh Kumar, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant Criminal appeal is directed against the judgment of conviction dated 24.02004 and order of sentence dated 25.02004, passed by the learned Special Judge-cum-Ist Additional Sessions Judge, Deoghar, in Special Case No. 34 of 2000/ Sessions Case No. 155 of 1998 / 4 of 1999, whereby, all the appellants/accused persons have been convicted for the offence committed and punishable under Sections 147, 326, 325 and 323 read with Section 149 of the Indian Penal Code and awarded rigorous imprisonment for three years and to pay a fine of Rs. 500/- for the offence committed and punishable under Section 326/149 of the Indian Penal Code, in default in payment of fine to undergo further simple imprisonment for three months. The appellants have further been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 400/- for the offence committed and punishable under Section 325/149 of the Indian Penal Code, in default in payment of fine to undergo further simple imprisonment for three months. The appellants have further been sentenced to undergo rigorous imprisonment for six months for the offence committed and punishable under section 147 of the Indian Penal Code and rigorous imprisonment for six months for the offence committed and punishable under section 323 of the Indian Penal Code. All the sentences are directed to run concurrently. By the same impugned judgment all the appellants/accused persons have been acquitted of the charge under Sections 307/149 of the Indian Penal Code and 3(1)(X) of the S.C./S.T. Act.

(3.) The prosecution case, is based upon, written report submitted by Lilu Hembrom (P.W.5), before Officer-in-charge of Sarwan Police Station on 10.04.1998 at about 5.30 P.M., wherein, the informant has stated, that he had given she-goat to Murari Mandal on Adh-batai. Murari Mandal asked the informant that his agnates Parmeshwar Mandal and Others are quarreling with him because of she-goat. Upon which informant went to the house of Murari Mandal and while he was taking back his she-goat to his house, the accused persons namely Jagan Mandal, Nanku Mandal and Rajiv Mandal having lathi and Parmeshwar Mandal having tangi and Kesho Mandal surrounded the informant and started abusing the informant with filthy language. Jagan Mandal and Nanku Mandal assaulted the informant with lathi and Parmeshwar Mandal with an axe, causing bleeding injury on his head. On brawl, brother of the informant Bir Singh Hembrom came for rescue, upon which Jagan Mandal, Nanku Mandal assaulted his brother with lathi on his head causing bleeding injury. The informant has alleged that accused persons have also threatened him with dire consequences. The informant has further stated that there is previous enmity between the parties, for which a case under Section 107 Cr.P.C was already pending in the Deoghar Court.