GOVIND MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 29.03.2004 and order of sentence, dated 31.03.2004, passed by learned Additional Sessions Judge, Fast Track Court No. 2, Deoghar in Sessions Case No. 123 of 1999, whereby both the appellants have been convicted for the offence committed and punishable under Sections 341, 323, 324 and 325/34 of the Indian Penal Code and have been awarded simple imprisonment for one month for the offence committed and punishable under Section 341 of the Indian Penal Code, rigorous imprisonment for one year for the offence committed and punishable under Section 323 of the Indian Penal Code, rigorous imprisonment for three years with a fine of Rs. 1000/-, in default of payment of fine, further rigorous imprisonment for six months for the offence committed and punishable under Section 324 of the Indian Penal Code and rigorous imprisonment for five years with a fine of Rs. 3000/- and in default in payment of fine, further rigorous imprisonment for six months for the offence committed and punishable under Section 325 of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Baleshwar Marik (P.W. 7) recorded by Sub Inspector of Police, L. Choudhary at Sadar Hospital, Deoghar on 24.03.1999 at 16.45 Hrs. The informant has alleged that today around 12.00 Noon, when the informant was harvesting the wheat crop from the land, which was taken on bhuktbandhi for six years in the year 1998 by his brother Mangru Marik and Naresh Marik from Subhadra Devi, wife of late Foki Manjhi, the accused Govind Manjhi assaulted the informant by means of farsa on his head causing bleeding injury and Sukhdeo Marik, son of late Chutri Marik having lathi in his hand assisted Govind Manjhi in assaulting the informant. Because of such bleeding, informant became unconscious at the place of occurrence from where he was taken to hospital for treatment and thereafter his statement has been recorded.

(3.) On the basis of the fardbeyan of the informant, police has instituted Jasidih P.S. Case No. 36 of 1999 dated 26.03.1999, under Sections 341, 323, 324, 307, 114/34 of the Indian Penal Code against Govind Manjhi and Sukhdeo Marik.