Markandey Katju, J. - (1.)This appeal has been filed against the judgment and order dated 5.5.2003 of the High Court of Jharkhand in Criminal Appeal No. 38 of 1991(P).
(2.)Heard learned counsel for the parties and perused the record.
(3.)The prosecution case in brief is that Jharia Kisku, father of the first informant, had gone to Simlong Hatia on Monday and when he did not return by night, then on the next day at about at 8 A.M., Prame Hansda (appellant No.1) informed the first informant that his father Jharia Kisku was caught while he was committing theft of one Bati in his house in the night of Monday and thereafter he was tied with a rope. Thereafter the first informant and others went to Baraghaghari and they found Jharai Kisku tied at the house of the Pradhan. On their arrival a Panchayat was called for. It was stated that after committing theft of one Bati, Jharia Kisku was trying to flee away and thereafter he was caught and he was assaulted and tied with a rope. A sum of Rs.100/- was also imposed as fine by the Panchayat. On enquiry from Jharia Kisku, it was found that he was brutally assaulted by the appellants by lathi and danda by levelling false allegation of theft against him and he was tied with a rope. The first information report was lodged accordingly. The police investigated into the case and submitted a charge sheet in the case against the appellants. The appellants appeared before the Additional Sessions Judge where charge was framed under Sections 342 and 304 of the Indian Penal Code to which they pleaded not guilty.