KRITI CHANDRA GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the order of conviction and sentence passed in Sessions Trial Case No. 361/2002 passed by Additional Sessions Judge, Fast Track Court, Bokaro dtd. 19/12/2008 whereby and whereunder the appellant have been convicted for the offence punishable under Sec. 323/34, 324/34, 326/34 of Indian Penal Code. In consequence thereof, the appellant, Kriti Chandra Gope, has been directed to go for rigorous imprisonment for four years for commission of offence under Sec. 326/34 of Indian Penal Code, two years rigorous imprisonment under Sec. 324/34 of the Indian Penal Code. The trial Court in view of the sentence already imposed in graver offence no separate sentence has been awarded for commission under Sec. 324/34 of Indian Penal Code. The appellants have further been sentenced to pay a fine of Rs.5,00.00 each under Sec. 326/34 of Indian Penal Code and in default to undergo simple imprisonment for one month. The sentence has been directed concurrently and the period already undergone shall be set off.

(2.) The case of the prosecution arises out of FIR instituted on the basis of the fardbeyan of namely Khedu Gope @ Khedan recorded on 6/11/2001 wherein it has been alleged that nephew of the informant namely Nibaran Gope was going outside of the house along with his cattles. He had heard the sound of Bachao-Bachao. Upon this, the informant and the mother of Nibaran Gope namely, Chunnibala Devi came outside her house, and saw that one Shibu Gope, Lalmohan Gope, Kriti Chandra Gope and their spouses who happen to be Gotiya having instrument in their hands. Shibu Gope, armed with tangi and Hardyal gope armed with lathi were assaulting Nibaran Gope and caused injury on his hand and head resulting into the cut of three fingers of his hand and fell down. When the informant along with mother of Nibaran Gope reached to save his life, she had also been assaulted, the informant had also sustained injury in the fingers of the hand resulting in the cut of the fingers and there was also injury in the head and body, as also Chunnibala Devi, the mother of Nibaran Gope had also sustained injury. The reason for scuffle was due to some land dispute and as such the matter has been reported as subsequently, the same has been registered as FIR for commission of offence under Sec. 148, ,323, 324, 326, 307 of Indian Penal Code.

(3.) Accordingly, the police have started investigation of the matter and charge-sheet has been submitted before the concerned court and cognizance has been taken by the competent court, the case has been committed to the court of session wherein charges has been framed for the offence under Sec. 148,323,324,326 and 307 of Indian Penal Code read with Sec. 149 of Indian Penal Code.