PRADIP KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Senior counsel for the appellants, Mr. A. K. Kashyap, Senior Advocate assisted by Mr. Anurag Kashyap, Advocate and counsel for the State, Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction dated 27.01.2004 and order of sentence dated 29.01.2004, passed by learned 4th Additional Sessions Judge, Palamau, Daltonganj, in Sessions Trial No. 375 of 1988, whereby, these appellants have been convicted. Appellant no.1, Pradip Kumar Singh has been convicted for the offence committed and punishable under Sections 148, 324 and 379 of the Indian Penal Code and awarded Rigorous Imprisonment for two years under each head. All the sentence are directed to run concurrently. Appellant no.2, Pradip Pathak, appellant no.3, Ram Autar Ram and appellant no.4, Ramesh Ram have been convicted for the offence committed and punishable under Section 147 of the Indian Penal Code and awarded Rigorous Imprisonment for one year. By the impugned judgment passed by learned trial Court, all these accused persons have been acquitted of the charge under Sections 323, 307 and 354 of the Indian Penal Code.

(3.) The prosecution case, is based upon the written report of informant, Pavitar Devi (P.W.1) before Officer-In-Charge, Paton Police Station on 20.02.1986, wherein, the informant has stated that, today at around 8.00 P.M. in the night, she went at the door of her house feed her cattle, in the meantime, Madan Pathak, Pradip Pathak, Pradip Kumar Singh, Ramautar Ram, Ramesh Ram and others came there, armed with farsa and lathi. Ramesh Ram caught hold the informant and Pradip Kumar Singh assaulted the informant with farsa on head, caused bleeding injury. Madan Pathak, Pradip Pathak and Ramautar Ram also assaulted the informant with lathi on her body. Upon raising brawl by the informant, her son Subash Pathak and her daughter Sushila Kumari came from inside the house, then the accused persons fled away. At the time of fleeing away accused Pradip Kumar Singh has snatched silver chain, golden earring and silver anklet, all ornaments worth Rs. 700/-, from the body of informant. It is further alleged that accused Ramesh Ram had caught the body of informant with bad intention to outrage her modesty. The informant has claimed that the occurrence took place because of dispute regarding partition of land with Madan Pathak, Pradip Pathak and others for which suit is pending.