SHANO SINGHDEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 4-9-2001 passed by Shri prabhu Nath Lal, 1st Additional District and sessions Judge, Seraikella in Sessions Trial no. 03 of 1996 against the appellants namely shano Singhdeo and Birbal Gopal by which both the appellants have been found guilty for the offence u/s. 326/34 and 307/34 of the Indian Penal Code and sentenced them each to undergo R. I. for 7 years and to pay a fine of Rs. 5,000/- each and in default of payment of fine, they will further undergo s. I. for 3 months.

(2.) THE prosecution case was started on the F. I. R. given by the informant (P. W. 3), abhimanyu Nayak on 8-3-1993 at 14. 45 hours stating therein that on the same day at about 2. 30 in the after noon, after playing noli, he along with Baijnath Behera and Dilip kumar Pali alias Kalia Pati were going towards the river for bath and when they reached near the Jagannath Temple, then suddenly the appellants/accused namely birbal Gopal and Shano Singhdeo along with one unknown person came and there upon the accused Shano Singhdeo stated that "he is Baijnath Behera, kill him". Where upon all the accused persons caught hold of baijnath Behera and accused Birbal Gopal who had a "murga Kati" (sharp cutting weapon) in his hand gave a blow in his stomach. Due to the injuries his intestine and other things came out. The informant and his colleagues wanted to catch hold the accused persons, but they ran away. When they were taking the injured Baijnath behera, then the police came there and he gave his statement. On the basis of the said fardbeyan police registered a case u/s. 341, 326, 307/34 of the I. P. C. and after investigation, police submitted charge sheet u/s. 307, 324/34 of the I. P. C. Since the case was exclusively triable by the court of sessions, therefore learned A. C. J. M. took cognizance of the case and committed the case to the court of Sessions. Finally the case was tried before the 1st Additional Sessions judge, Seraikella who after trial found the accused guilty and convicted and sentenced them as aforesaid.

(3.) IN course of trial, the prosecution has examined seven witnesses. P. W. 1 is Gopal chandra Dash who is a formal witness, who has proved the signature of Investigating officer, Anil Kumar on the fardbeyan. P. W. 2 is the injured Baijnath Behera. P. W. 3 is abhimanyu Nayak , the informant of the case who has been declared hostile and not supported the prosecution case. P. W. 4 is ashim Khandait, who has also been declared hostile and not supported the prosecution case P. W. 5 is Parthosarathi Gope who has been declared hostile and not supported the prosecution case. P. W. 6 is Dr. Murlidhar das, who has examined the injured Baijnath behera and proved the medical report. P. W. 7 is Dilip Kumar Pati, who was tendered for cross examination, but nothing was asked from him.