LAWS(JHAR)-2006-5-172

NARESH PRASAD AND ORS. Vs. STATE OF JHARKHAND

Decided On May 03, 2006
Naresh Prasad And Ors. Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) All the four appellants stand convicted under Sections 353, 426 and 341 of the Indian Penal Code and sentenced to serve rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000.00 each and in default thereof further undergo to rigorous imprisonment for a period of three months, rigorous imprisonment for one month and further sentenced to pay a fine of Rs. 200.00 each and in default thereof further undergo to simple imprisonment for a period of fifteen days respectively vide judgment and order dated 14.12.2000 and 15.12.2000 in Sessions Trial No. 359 of 1988/48 of 2000 by 3rd Additional Sessions Judge, Chatra. However, all the sentences shall run concurrently.

(2.) Briefly stated the facts leading to their conviction are that the informant Amarjit Balihar, Probationer I.P.S., serving as Deputy Superintendent of Police, Simariya Police Station, received a confidential information in the afternoon of 28.2.1988 that the appellants of village- Tungun within the jurisdiction of Simaria Police Station were involved in illegal preparation of Katha and have collected firearms in their house. The informant on this information reached at the house of the appellants and found Katha being prepared in form of biscuit through a machine. It is further alleged that when the police arrested one of the appellants, other house inmates and villagers assembled and resisted their arrest. Further alleged that Constable Driver Nand Kishore was attacked with a Farsa without causing any injury. Thereafter the mob attacked the police force who had to retreat. In the meantime, police vehicle was attacked causing damage to the window screen.

(3.) The informant returned to Simaria Police Station and again went to the village with extra force in the night and arrested the appellants along with six kilograms of Katha biscuit and 30 kilograms of liquid Katha in presence of two witnesses. Thereafter Simaria Police Station Case No. 23 dated 28.2.1988 was lodged on the statement of the informant under various sections including Sections 307, 379, 411, 427 and Sections 33/42 of the Indian Forest Act against ten accused persons. All the ten accused were charge sheeted to face trial and the case was committed for trial. The trial court framed charges against ten accused persons under Sections 307/149, 353, 379, 341 and 426 of the Indian Penal Code. Accused Naresh Sao, Dilchand Sao, Ram Bhajan Sao and Raghunandan Sao have been further charged under Sec. 148 of the Indian Penal Code. Appellant Raghunandan Sao has further charged under Sec. 411 of the Indian Penal Code. After examining the witnesses, the learned trial court acquitted all the accused persons under Sections 307/149 and 379 of the Indian Penal Code and further six persons under Sections 353, 426 and 341 of the Indian Penal Code and appellant Raghunandan Sao under Sections 411 of the Indian Penal Code. However, all the four appellants were found and held guilty under Sections 353, 426 and 341 of the Indian Penal Code and sentenced them as stated above.