BUDHAN BHUIAN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants are aggrieved by the impugned Judgement of conviction dtd. 4/8/2007and Order of sentence dtd. 7/8/2007, passed by the learned Additional Sessions Judge, F.T.C. No.-1, Palamau at Daltonganj, in S.T. No.408 of 2001, whereby, the appellants have been found guilty and convicted for the offence under Sec. 396 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life with fine of Rs.5,000.00 each, for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Rajesh Bhuian, the son of the deceased, Badri Bhuian, recorded on 3/6/2000 at about 11:00 P.M., in the night at Sadar hospital, Daltonganj, wherein he has stated that on the same day at about 7:00 P.M., in the evening, the informant along with his father and other family members were in their house situated in village Lalgarh, P.S Bishrampur, District Palamau, when Prasad Bhuian, Budhan Bhuian, Sita Ram Bhuian, Chuhi Bhuian, along with 3 to 4 unknown persons came there. The named accused persons were armed with farsa, tangi etc., and they demanded the money which his father had received under the Indira Aawas Yojna. Upon denial, his father was assaulted by the accused persons in which it is stated that the Prasad Bhuian and Chuhi Bhuian assaulted his father by farsa and Budhan Bhuian and Sita Ram Bhuian assaulted his father by tangi, injuring him. They also looted away the household articles and cash Rs.5,000.00. Upon the alarm raised, the nearby people came and they also saw the occurrence. It is also alleged that the accused persons assaulted the informant also, causing injuries. Claiming that the accused persons had looted the house hold articles and cash and when the same was objected, they assaulted and injured the informant and his father, the fardbeyan was given by the informant, on the basis of which, Bishrampur P.S. Case No.46 of 2000, corresponding to G.R. No. 653 of 2000, was instituted against the four named accused persons and 3-4 unknown persons, for the offences under Ss. 341, 342, 323, 324, 307, 379 and 147 of the Indian Penal Code, and investigation was taken up. As the father of the informant died in course of treatment, Sec. 302 of the Indian Penal Code, was also added. After investigation the police submitted the charge-sheet in the case.