KULDEEP SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This present appeal is directed against the judgment of conviction dated 09.12.2009 and order of sentence dated 15.12.2009 passed by learned Additional Session Judge, F.T.C.-l, Palamau in S.T. No. 200/2008 with S.T. No. 401/2008, arising out of Lesliganj P.S. Case No. 98/2006, corresponding to G.R. Case No. 1694/2006 whereby and whereunder both the appellants have been convicted under sections 147, 148, 436/149 and 380 of the IPC and sentenced to R.I. for seven years and fine of Rs. 3000/- and in default of payment of fine three months S.I. under section 436 of the I.P.C., R.I. for three years and fine of Rs. 1000/- and in default of payment of fine one month S.I. under section 380 of the IPC and R.I. for two years under section 148 of the IPC and all the sentences of each convict ordered to run concurrently.

(2.) The brief facts of the case of the prosecution is that Lesliganj P.S. Case No. 98 /06 dated 8.106 was registered under sections 147,148,149,379,448, 427, 436, 435, IPC and 17, C.L.A. Act against above noted both accused persons along with 23 other named accused persons on the basis of the written report of informant Sudeshwar Prasad Singh alias Budhhu Singh in which he had alleged that at about 11 p.m., at night on 4.12006 both above noted accused persons along with 23 other named accused persons whose names have been given in the written report, all armed with guns and rifles broke open the door of his house, entered inside the house, tied his hands, took out attache containing ornaments and took the informant and others out of the house and after sprinkling petrol, set fire in his residential house as well as burnt other things to ashes. Thereafter, they also burnt the house of ex-mukhiya Kamla Prasad Singh.

(3.) On the basis of written report of informant Lesliganj P.S. Case No. 98 of 2006 was registered under sections 147, 148, 149, 379, 448, 427, 436, 435, IPC and 17, CLA Act. After investigation of the case charge sheet was submitted against accused. Thereafter the case was committed to the court of Sessions and charges were framed to which they pleaded not guilty and claimed to be tried.