BUDHI NATH MURMU, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.10.2002 passed by 5th Additional Sessions Judge, F.T.G-II, Godda in Sessions Case No. 56 of 2002, whereby and whereunder appellants were convicted under s 342, 324 read with Section 34 of the I.P.C and sentenced to undergo rigorous imprisonment for two years for the offence under Sections 324/34 of the I.P.C. and rigorous imprisonment for one year for an offence under Sections 342/34 of the I.P.C.

(2.) The case of prosecution, in short, as per the F.I.R. lodged by one Suban Hembrum, is that on 25.01.1988 while he was returning home from market and reached near Amuak Teli Tola, appellants surrounded him. Thereafter, Masuda Kisku (appellant No. 3) assaulted him with tangi, due to that he received injury on his head and fell down. It is further alleged that all the accused persons took away Rs. 700/ - from his pocket. It is also stated that other appellants assaulted him with slap and fist.

(3.) On the basis of aforesaid information, Podaiyahat P.S. Case No. 007 of 1988 under Sections 342, 324, 379, 307/34 of the I.P.C. instituted and police took up investigation. It appears that after investigation, police submitted charge-sheet against the appellants under Sections 342, 324, 379, 307/34 of the I.P.C. It further appears that after cognizance, the case committed to the court of Sessions as the offence under Section 307 of the I.P.C. is exclusively triable by the court of Sessions.