DINESH SINGH @ VINESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Addl. P.P. for the State.

(2.) Since both these appeals have been preferred against the common impugned judgment of conviction dated 30.11.2005 and Order of sentence dated 012005, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Deoghar, in Sessions Case No. 202 of 2000, hence both these appeals are disposed of by this common judgment. By the said judgment of conviction dated 30.11.2005 and Order of sentence dated 012005, the learned Additional Sessions Judge, Fast Track Court No.2, Deoghar, convicted and sentenced all the appellants namely Dinesh Singh @ Vinesh Singh, Singeshwar Singh, Diwakar Singh and Umesh Singh for the offences punishable under sections 341, 307 read with section 34 of the Indian Penal Code and sentenced them to undergo R.I. for seven years with fine of Rs. 10,000.00 and in default of payment of fine six months further imprisonment for the offence punishable under Sec. 307 of the Indian Penal Code and also sentenced them to undergo S.I. for one month for the offence under section 341 of the Indian Penal Code. Dinesh Singh @ Vinesh Singh who is the appellant of Criminal Appeal (SJ) No. 9 of 2006 besides the above conviction and sentence, was also convicted for the offence under section 27 of the Arms Act and sentenced to undergo R.I. for three years and all the sentences of all the appellants were directed to run concurrently.

(3.) The case of the prosecution in brief is that on 205.2000 at 08:00 A.M., the informant along with her son Saroj Kumar Jha was grazing their cattle. At that time the appellant-accused persons namely Singeshwar Singh, Umesh Singh, Dinesh Singh and Diwakar Singh started fighting with Bhavesh Jha and Murari Jha in connection with their land dispute. The son of the informant namely Saroj Jha tried to pacify them but the appellant-accused persons Singeshwar Singh, Umesh Singh, Dinesh Singh and Diwakar Singh assaulted the son of the informant namely Saroj Jha with slaps and fist blows. The informant also intervened and tried to pacify the parties and in between the appellant Dinesh Singh with an intention to kill the son of the informant fired upon him from a pistol by which Saroj Jha sustained injury near the knee of his left leg and he fell down at the said place and became unconscious. The informant brought her victim son to Sadar Hospital, Deoghar in unconscious condition and while the treatment of the victim was going on, police recorded the fardbeyan of the informant. On the basis of the fardbeyan of the informant, police registered Jasidih P.S. Case No. 90 of 2000 and took up investigation of the case.