The main legal point established is the consideration of the nature of injuries and the intention of the accused in determining the appropriate conviction and sentence.

JUDGMENT :

RATNAKER BHENGRA, J.

1. This Criminal Appeal has been preferred against the judgment of conviction dated 13.1.2010 and order of sentence dated 14.1.2010 passed by 5th Additional Sessions Judge, Fast Track Court, Dumka in S.T. No. 319 of 2007 whereby and whereunder appellants were convicted and sentenced under sections 147, 448 and 307/149 IPC and sentenced to undergo R.I. for five years each u/s 307/149 of the IPC. They were further sentenced to undergo R.I. for one year u/s 147 of the IPC and R.I. for one year under section 448 of the IPC. However, all the sentences were directed to be run concurrently.

2. The brief facts of the case as narrated by the informant-PW-8 as per her fardbeyan is that she is the wife of Chhabilal Yadav-PW-11 and resident of village Nawadih. In the night of 19.11.2006 at about 1 a.m. all the six named accused forcefully entered in her house by breaking open the door and assaulted her mother Kunti Devi PW-3. When her mother raised hulla, then the informant PW-8 woke up and went to save her mother, then the accused assaulted her too. They were searching for her husband Chhabilal and said that where is he, they will kill him. She and her mother raised hulla, then the villagers Bisheshwar Yadav-PW-4, Manoj Mahato-PW-5, Lalmohan Singh PW-6 and many other persons came there in order to save them from the beatings of the accused. The accused persons broke open her suitcase and took away Rs. 1,000/- and silver chain of 40 grams. They have also exploded two bombs then the villagers were frightened.

3. Based on the aforesaid fardbeyan of the informant Jarmundi (T) P.S. Case No. 212 of 2006 was registered under sections 447,341,323,380 and 143 of the IPC and section 4 of the Explosive Substance Act. Thereafter, the investigation was taken up and the charge-sheet was filed against the accused persons. Cognizance was thereafter taken and case was committed to the court of Sessions. The contents of the charges were read over to the accused to which they pleaded not guilty and claimed to be tried. Hence, this appeal.

4. The prosecution had examined altogether eleven witnesses and at the conclusion of the trial the appellants were convicted and sentenced as aforesaid.

5. PW-8 Uma Devi who is the informant of this case has deposed in her examination-in-chief that the accused persons entered in her house. They were searching her husband with intention to kill him. The accused tied a rope in her mother’s neck due to which her mother became unconscious. When she tried to save her mother then the accused Lutan had assaulted her with chura and blood was started oozing out from her head. When she raised hulla then some of the villagers came there and saved them. She further deposed that the accused took one thousand rupees and a silver ornament with them.

6. PW-3 is Kunti Devi who is the mother of the informant. She has also supported the prosecution case and said that the accused entered her house by breaking the door of her house and started abusing and assaulting her and while so they asked her about her son-in-law. They tied a rope in her neck. She became unconscious. She further said that the accused also took away with them a silver ornament.

7. PW-9 is Dr. Anjay Pravin who has examined Kunti Devi, the injured and found following injuries on her person:

“Circular mark 3 c.m. width around the neck running transversely in entire course except 1” on back of neck with redness and swelling. The age of the injury within six hours. The cause of injury is a ligature likely to be by a rope like object and this injury could have been dangerous to life.”

The doctor has proved injury report of Kunti Devi as Ext.1.

On the same day Dr. Anjay Pravin has also examined Uma Devi and found following injuries on her person:

“Abrasion 2 m.m. x 2 m.m. on left side of fore head of within six hours. The injury was simple in nature, caused by hard and blunt object with rough edge. The injury report of Uma Devi is marked as Ext. 1/1.”

8. PW-4