SUKHDEO KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 12.6.1995 and order of sentence dated 17.6.1995 passed by Shri Dilip Kumar Sinha, 2nd Additional Sessions Judge, Hazaribag in Sessions Trial No. 90 of 1990 against the eight appellants by which the three appellants namely Sukhdeo Kumhar, Ramdas Kumhar and Kalal Kumhar have been found guilty under Sections 307/149 of the Indian Penal Code and sentenced them to undergo R.I. for six years. Further the learned trial court also found all the eight appellants guilty under Section 148 of the Indian Penal Code and sentenced them to undergo R.I. for two years with the exception of appellant Prayag Kumhar who has been released under Section 360 Cr.P.C. on execution of bond of Rs. 2000/- for a period of two years and was directed to maintain peace and be of good behaviour.

(2.) The prosecution case was earlier registered under the fardbeyan of the informant, Mohammad Safi, P.W.1 who has stated that on 22.9.1988 at about 6.30 a.m. he had gone to attend the call of nature near Bandhua Patra, west to the house of Shiv Narayan Sao. Then all the eight appellants came there variously armed with 'pharsa' , 'lathi' and arrow surrounded the informant and started assaulting him. The appellants namely Sukhdeo assaulted him on the head and Ramdas assaulted on the arm. The informant fell down and hearing hulla witness, Jalaluddin(P.W.7), Sundar Singh and Nasimuddin came and saved hi. He has stated that the occurrence took place due to land dispute. The accused persons had came there with intention to commit his murder. He was brought to the hospital . He has stated that in the hospital his brother Ashiq and nephew Bilal came in injured condition. They were given first Aid by the doctor in his presence and referred to R.M.C.H, Ranchi. The fardbeyan was also signed by the witness, Nasimuddin. The police after investigation of the case submitted the charge sheet under Sections 147,148,149,307,324,323,341 of the I.P.C against the accused persons. The learned Magistrate after taking cognizance of the offences committed the case to the court of Sessions since the case was exclusively triable by the court of Sessions.

(3.) Prosecution in order to bring home the charges against the appellants examined as many as 12 witnesses, out of whom P.W.1 Md. Safi is the informant of the case. P.W.2 , Md. Bilal Ansari is the injured witness. P.W.3 is Md. Ashiq, another injured. P.W.4 is Md. Israil. P.W.5 is Safayat Hussain. P.W.6 is Nasimuddin.P.W.7 is Jalaluddin. P.W.8 is Doctor Bijay Prasad Ram, P.W.9 is Sultan Safi, P.W.10 is Nagendra Mahto, tendered witness, P.W.11 Doctor Madhukar S. Bhatt and P.W.12 is Moti Ram.