RADHEY SHYAM AHIR (YADAV) Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appeal is directed against the judgment and order of sentence dated 7.2.2008 passed by Sri Indra Deo Misra, 6th Additional Sessions Judge, Dhanbad in Sessions Trial No. 282 of 2005, by which judgment he found the appellants guilty under Sections 323, 447, 341, 307 and 34 of the Indian Penal Code and sentenced them to undergo R.I. for 1 year each for the charge under Section 323 of the Indian Penal Code, 1 month S.I. each for the charge under Section 447 of the Indian Penal Code and 1 month each for the charge under Section 341 of the Indian Penal Code and R.I. for 5 years each for the charge under Section 307 of the Indian Penal Code read with Section 34 of the Indian Penal Code. All the sentences shall run concurrently.

(2.) AT the outset it is submitted by the learned counsel for the appellants and learned counsel for the informant that they have compromised the matter amicably since they are neighbours living by the side to each other in the same area and there was a private dispute in between them due to breaking of kutcha wall given by the informant for making false boundary. It is further submitted by the appellants that except Sections 307/34 of the Indian Penal Code under which the appellants have been found -guilty by the trial court, all other sections are compoundable in nature and it will appear from the evidences that no offence under Section 307 of the Indian Penal Code is made out, in that view of the matter, it is a fit case that the appellants may be acquitted on a compromise.

(3.) IT is important to note that I.O. has not been examined in this case nor the F.I.R. has been marked, the prosecution has tried to make out a case under Section 307/34 of the Indian Penal Code. Since the informant, Chandeo Devi, in her Fardbeyan, has stated that on the date of occurrence i.e. 25.7.2004 while she was sitting in her house then, both the accused persons, Radhey Shyam Ahir (Yadav) and Bimala Devi entered into the courtyard of her house at 12.30 P. M. in the afternoon and started breaking the kutcha wall and an objection raised by the informant not to remove the same then the appellants having armed with iron rod, started abusing her and with intention to kill her inflicted iron rod upon the head of the informant, she fell down and when her two daughters, namely, Soni and Sobhi came for rescue, they were also assaulted by the appellants.