SUNIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It was informed by learned counsel for the appellants that appellant No. 1 Tej Narayan Singh in Cr. Appeal (D.B.) No. 906 of 2002 had already been passed away. The death certificate of the same is also annexed with I.A. No.1189 of 2010. It was also informed by I/c Additional Sessions Judge, FTC-III, Civil Court Bokaro Vide its letter No. 5 dated 10.3.2017 that appellant Tej Narayan Singh had already been died on 18.12.2003. In view of the aforesaid information, the appeal of Tej Narayan Singh stands abated.

(2.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 13.12.2002 passed by Additional District and Sessions Judge, Fast Track Court 3rd , Bokaro in connection with S.T. Case No. 12 of 1993 arising out of Harla P.S. Case no. 129 of 1991, G.R. no. 994B of 1991 whereby and whereunder appellant Tej Narayan Singh was convicted u/s 307/149 of IPC and section 148 of IPC and sentenced to undergo R.I. for seven years u/s 307/149 IPC and R.I. for two years u/s 148 of the IPC. Both the sentences were ordered to run concurrently. The remaining five appellants namely Santosh Kumar, Dinesh Chandra Godain, Dhananjay Kumar Jha, Sunil Kumar, Nagendra Singh @ S.S. Bist were convicted u/s 307/149 and Section 147 of IPC and sentenced to undergo R.I. for 5 years u/s. 307/149 IPC and R.I. for one year u/s 147 of the IPC. All the sentences were directed to run concurrently

(3.) The prosecution case as per the fardbeyan of the informant PW-4 Sahadev Manjhi is that on 11.10.1991 at about 7:30 p.m. in the evening he was coming towards Sector-9 at his home from Chas along with one Ganesh Ram Mahato. When they reached at Sector IX B road near High School at a betel shop of one Yadav Jee, in the meantime, accused persons namely Tej Narayan Singh, Dhananjay Jha, Sunil Kumar, Nagendra singh, Dinesh Chandra Godain, Santosh Kumar all of them armed with bhala, farsa, bhujali and iron rod surrounded him and started abusing him. It is further alleged that accused Tej Narayan Singh assaulted him on his head by bhujali as a result he fell down on the ground. Thereafter, all the above named accused persons started assaulting him as a result he sustained injuries. He raised hulla, then nearby people came there and the accused persons fled away. Informant further stated that his friend Ganesh Ram Mahato fled away seeing the accused persons. Reason behind the occurrence as stated by the informant was previous enmity between the parties with regard to money.