Ratnaker Bhengra, J. - (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 17.5.2003 passed by the Additional Judicial Commissioner, Ranchi in connection with S.T. Case No. 639 of 99 whereby and whereunder the learned court below convicted the appellants u/Ss. 314/511,323,341, r/w 34 IPC and sentenced the appellants to undergo R.I. for 3 years, 1 year and one month u/Ss. 314/511,323,341 r/w section 34, IPC respectively and all the sentences were ordered to run concurrently.
(2.) The case of the prosecution in brief is that the informant Sunita Devi filed a complaint in the court of Chief Judicial Magistrate on 21.8.96 against the above named accused persons alleging that on 27.7.96 at about 10 a.m. she was in grocery shop which is known as Gita Bhandar. This shop is just adjacent to the shop of accused persons in Upper Bazar, RS. Kotwali Distt. Ranchi. It is alleged therein that the accused persons Vikash Kumar Gupta, Rajesh Kumar Gupta and Bindu Devi forcibly entered her shop and started abusing and assaulting her. The complainant requested them not to abuse but the accused Bindu Devi assaulted her with fist and kicks. This complainant had claimed to be pregnant by three months. It is also alleged that Bindu Devi caused hurt in the abdomen of the complainant due to which death of baby in womb was caused. It is further claimed that the complainant went to the Doctor for her treatment but the doctor declared her unborn child dead and thus abortion was done in the Sadar Hospital Ranchi. It has been said in the complaint petition that the parties had inimical term from before the date of occurrence and there had been title Suit No.155 of 91 pending between them in the court of Additional Munsif, Ranchi for the said shop. Thereafter, the learned Chief Judicial Magistrate sent the complaint petition to the Sukhdeo Nagar PS. u/S. 156(iii) Cr.P.C. for registration and investigation. Thus, this case was registered as Kotwali P.S. case No. 423 of 96.
(3.) After investigation police submitted charge-sheet u/Ss. 313/314/316/341 and 323, IPC. Accordingly, the learned CJM took cognizance of the offence and committed the case to the Court of Session.;