SHAMBHU KISHKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Miss Madhulika Dasgupta assisted by Mrs. J. K. Mazumdar and Mr. Suraj Verma, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 27.09.2004, passed by the learned Additional District & Sessions Judge, Fast Track Court No.5, Dhanbad, in Sessions Trial No. 151 of 1997, whereby, all these seven appellants have been convicted for the offence committed and punishable under Sections 342 and 324 read with 34 of the Indian Penal Code and awarded Rigorous Imprisonment for six months for the offence committed and punishable under Section 342 of the Indian Penal Code and Rigorous Imprisonment for one year for the offence committed and punishable under Section 324/34 of the Indian Penal Code and both the sentences are directed to run concurrently. By the same impugned judgment the appellants have been acquitted of the charge under Sections 308 and 326 of the Indian Penal Code.

(3.) The prosecution case, is based upon, fardbeyan of Bhare Hanshda (P.W.3) in presence of his son Sitaram Hanshda, recorded by Officer In-charge, Nirsa Police Station on 07.10.1996 at 1.30 P.M. Monday, at Nirsa police station, where the informant has alleged that, on last Saturday at around 10.00 A.M. co-villager namely, Kalu Soren, Kalu Tuddo, Bishu Murmo and Sundar Hanshda came to the house of the informant and asked him to accompany for pleasing the God to protect Kalo Hanshda, who is ill, upon which the informant came to the village. All these four persons took the informant in the house of Lodhai Kishku and disclosed that daughter-in-law of Lodhai Kishku is ill, because of daain and thereafter, they closed the door of house. It is alleged that, Manager Kishku and Lodhai Kishku took out an iron rod, heated the same with fire to cauterize (Dagna) and pressed the same on the mouth, chest, thigh and other parts of the body of informant, due to which informant raised brawl but because of their fear nobody came there. It is further alleged that Shambhu Kishku, appellant no.1, came there with lathi and asked to assault the informant. At that time, it was 10.00 o'clock in the night. The informant has further alleged that, accused persons left him yesterday but not allowed him to come to the police station but somehow the informant came to the police station along with his son.