KAMLA KANT DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court- The appeal is directed against the judgment of conviction dated 24.8.2001 and order of sentence dated 25.8.2001 passed by Shri Ramanuj Narayan, 7th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 281/88 by which judgment the learned trial court convicted the sole appellant, Kamla Kant Dubey under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for ten years. He also found him guilty under Section 341 and sentenced him to undergo S.I. for one month and R.I. for one year under Section 323 of the Indian Penal Code.

(2.) The prosecution case was started on the basis of a fardbeyan lodged by the informant, Premnath Dubey ( P.W.4) on 15.10.86 at about 10.45 a.m. When he had gone to his Arhar filed then he saw the three accused persons, namely, Pradeep Kumar Dubey, Kamlakant Dubey and Ali Mian variously armed with Garasa in the hand of Pradeep Kumar Dubey; Balua in the hand of Kamlakant Dubey and Tangi in the hand of Ali Mian respectively and all of them surrounded him and started assaulting him with their respective weapons. It is stated that accused, Pradeep Kumar Dubey gave a Garasa blow on his hand cutting half of his littler finger, accused, Kamalakant Dubey gave a Balua blow on his stomach and accused Ali Mian gave a Tangi blow on left shoulder. It is also stated that he started bleeding and fell down. Then on his 'hullah' witnesses, Bhuneshwar Dubey came to rescue Premnath Dubey whereupon the witness, Bhuneshwar Dubey ( P.W.3) also received injuries in his finger from the Garasa of Pradeep Kumar Dubey. Thereafter, all the accused persons ran away and the informant was brought to the police station and was sent to the hospital for treatment.

(3.) On the basis of the said fardbeyan the police registered a case under Sections 324, 326, 321, 307/34 of the Indian Penal Code and after investigation submitted charge-sheet against the accused persons, namely, Kamlakant Dubey and Pradeep Kumar Dubey. No chargesheet was submitted against accused, Ali Mian. Cognizance was taken against only two accused persons and both the accused persons were charged under Sections 324,326,341,307/34 of the Indian Penal Code.