BAJUN TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants named above have preferred this appeal against the impugned judgment and order dated 30.06.1990 passed in Sessions Case No. 302 of 1984/55 of 1989 by Shri Arun Chandra Das, 3rd Additional Sessions Judge, Dumka whereby and whereunder appellant Sarkar Murmu and Mansa Hembrom were found guilty for the offence punishable under Section 436 of the Indian Penal Code and 147 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for three years for the offence under Section 436 of the Indian Penal Code and for a period of three months for an offence punishable under Section 147 of the Indian Penal Code and the rest of the appellants were also found guilty for the offence punishable under Section 147 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for three months. However, co -accused Sanatan Tudu, Robin Tudu, Manohar Marandi, Bhunda Tudu, Hopna Tudu, Babudhan Hembram and Debi Hembram were not found guilty on any count and they were, accordingly, acquitted.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of RW.1, Srinath Bowry, the informant recorded by S.I. Md. Muslim of Fatehpur outpost within Kundahit P.S. on 15.06.1982 at 20.00 hours at village Dhasania regarding the occurrence which is said to have taken place on that very day at 17.00 hours and on the basis of the said fardbeyan, case was instituted against the appellants and other co -accused persons by drawing a formal F.I.R. (Ext. 3) on 16.06.1982 at 9.00 hours which was received in the court empowered to take cognizance on 18.06.1982.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity existing and alive prior to the occurrence between the parties.