JALHA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.11.2006 passed by Sri Anant Kumar Singh, 18th Addl. Judicial Commissioner, Ranchi, in Session Trial No. 423 of 2003/Session Trial No. 440 of 2003 whereby and whereunder the appellants have been convicted for the offence under Sections 147, 323/149, 324/149 of the Indian Penal Code and under Section 3/4 of the P.W.P. Act read with Section 149 of the Indian Penal Code and has been sentenced to undergo R.I. for one year for the offence under Section 147 of the Indian Penal Code, R.I. for six months for the offence under Section 323/149 of the Indian Penal Code, R.I. for one year for the offence under Section 324/149 of the Indian Penal Code and R.I. for three months for the offence under Section 3/4 of P. W.P. Act read with Section 149 of the Indian Penal Code. All the sentences were directed to be run concurrently.

(2.) The criminal law has been put into motion by lodging FIR at the instance of Soma Oraon (P. W.-3) alleging therein that the appellant Jalha Oraon armed with Tangi has told him to come to the house of the accused at the night of 16.09.2002 stating that there is a village meeting on the allegation that you are Bishaha. The informant refused to go. Thereafter in the morning on 17.09.2002, wife of Jalha Oraon had come to call the informant, but he was not present in his house. Subsequently in the night at 7.00 P. M. on 17.09.2002 he went to the house of the accused persons with his sons where they have been assaulted by tangi and lathi by the accused persons in their house and they have sustained injury. They immediately went to the police station where the case has been lodged and appellants have been arrested and sent to jail.

(3.) Police after completed investigation has submitted charge sheet against the appellants under Sections 147, 323/149, 324/149 and 307/149 of the Indian Penal Code and under Section 3/4 of P.W.P. Act read with Section 149 of the Indian Penal Code to which cognizance has been taken and the case has been committed the Court of Sessions. Charge has been framed under Sections 147, 323/149, 324/149 and 307/149 of the Indian Penal Code and under Section 3/4 of P.W.P. Act read with Section 149 of the Indian Penal Code. The charge has been read over and explained to the accused/appellants to which they pleaded not guilty and claimed to be tried.