JAMIRUDDIN SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27.9.2002 passed by 1st Additional Sessions Judge, Pakur in Sessions Case No. 208 of 1996 whereby and where under the learned court below convicted appellant no. 1 under Section 323 of the I.P.C and sentenced him to undergo rigorous imprisonment for nine months, convicted appellant no. 2 for the offence under Sections 326 and 324 of the I.P.C and sentenced him to undergo rigorous imprisonment for three years for the offence under Section 326 of the I.P.C. and rigorous imprisonment for one year under Section 324 of the I.P.C. and convicted appellant no. 3 under Section 324 of the I.P.C. and sentenced him to undergo rigorous imprisonment for one year.

(2.) THE case of prosecution, in short, as per the fardbeyan of Kafijuddin Sk. dated 2.10.1995, is that at the time of occurrence he was present in the verandah of his house. It is further alleged that appellants alongwith other accused persons came armed with lathi, danda, sword, pistol, bhala, balam etc. It is alleged that appellant no. 1 Jamiruddin Sheikh assaulted informant with iron rod. It is then stated that on hulla, the informant's sons Anzarul Sheikh and Azfarul Sheikh and nephews namely Serajul Sheikh and Faizul Sheikh arrived. It is alleged that the informant's sons and nephews were also assaulted by the appellants and co -accused. ,It is further alleged that thereafter all the accused persons entered in the house of informant and looted cash, ornaments and other household articles and fled away.

(3.) IT reveals from record that the charges under Sections 395, 452, 307/34 of the I.P.C. framed against the appellants and other seven co -accused. The said charges read over and explained to the accused persons including the appellants to which they pleaded not guilty and claimed to be tried. Thereafter, the prosecution had examined altogether eight witnesses in support of its case. After the close of the case of prosecution, the statement of appellants and other co -accused persons recorded under Section 313 of the Cr.P.C. in which their defence is of total denial. It appears that the learned court below after considering the evidences available on record acquitted all the accused persons including the appellants from the charges levelled, against them under Sections 395, 452 and 307/34 of the I.P.C., but however by the same judgment it convicted and sentenced the appellants as aforesaid. Against that the present appeal has been filed.