IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 859 of 2006 -----

(Against the judgment of conviction dated 03.05.2006 and order of sentence dated 05.05.2006 passed in Session Trial No.404 of 2000, G.R. Case No. 1699 of 1999 arising out of Lapung P.S. Case No. 34 of 1999 by the Court of Learned Additional Judicial Commissioner, F.T.C. Court No.X, Ranchi, Jharkhand)

1. Ropana Ahir, 2. Charku Ahir.

3. Jethu Ahir.

4. Bahuran Ahir, All son of Late Ghuran Ahir and all resident of village-

Dimba, P.S. Lapung, District-Ranchi, Jharkhand --- --- Appellants Versus The State of Jharkhand --- --- Respondent -------

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------

For the Appellants : Mrs. Sonali Bhattacharjee, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P.

J U D G M E N T

24.02.2025 This appeal is directed against the judgment of conviction dated

03.05.2006 and order of sentence dated 05.05.2006 passed in Session Trial No.404 of 2000, G.R. Case No. 1699 of 1999 arising out of Lapung P.S. Case No. 34 of 1999 by the Court of Learned Additional Judicial Commissioner, F.T.C. Court No.-X, Ranchi, Jharkhand whereby and where under the appellants have been convicted for the offence punishable under Sections 307/34, 326/34 and 325/34 of IPC and have been sentenced to undergo R.I. for four years and fine of Rs.4,000/- in default of payment of fine further S.I. for two months each under Sections 307/34 of the IPC, further more they were sentenced to undergo R.I. for three years and a fine of Rs.2000/- and in default of payment of fine, further S.I. for two months each under sections 326/34 of the IPC, further more they were sentenced to undergo R.I. for two years and a fine of Rs.1000/- and in default of payment of fine, further S.I. for one month each under sections 325/34 of the IPC. However, all the sentences were directed to be run concurrently.

2. The prosecution case had arisen on the basis of Fradbeyan (Ext-2) of the informant Prem Lal Sahu (PW-3) S/O Baldeo Sahu resident of village Dimba P.S. Lapung, Dist. Ranchi, which was recorded by A.S.I. G.D Sharma (PW-6) of Lapung P.S. on 24.07.1999 at 6:00 A.M. at PHC Lapung. The prosecution story as unfolded in the F.I.R. is that on 23.7.1999 at 7.30 PM, informant Prem Lal Sahu along with his elder brother Lakhan Lal Sahu (PW.2) and one villager Gulla Sahu (PW1) were returning from his old house to newly constructed house and when reached near the Primary school they saw some persons had climbed over his Jack fruit tree situated by the side of road. The informant asked the person who had climbed over the Jackfruit tree as “who are the thieves steeling the Jackfruit”. Thereupon, the person who had climbed upon the tree came down from the tree, at the same time and accused Bahuran Ahir, Ropana Ahir, Charku Ahir and Jethu Ahir who had concealed themselves behind the bushes also came there having TANGI and DANDA in their hands and objected the informant saying 'SALA TELI HOKAR CHOR KAHEGA‟. Immediately, thereafter accused Bahuran Ahir who was armed with TANGI gave two to three TANGI blows on the right shoulder of the informant and one TANGI blow on the right side of the head of the informant and thereby caused injuries to him. The informant's elder brother Lakhan Lal Sahu with a view to save the informant went there then he was also assaulted with TANGI on his head and caused injuries to him. On intervention by Gulla Sahu he was also assaulted by accused Jairam Yadav, Bahuran Ahir, Charku Ahir, Jethu Ahir and Ropana Ahir with LATHI on his head and also caused serious injuries to him. On hulla the villagers came and saw the occurrence and then the accused persons fled away. Thereafter the informant's father and other persons of the Mohalla carried the informant and injured to the Primary Health Centre. It was alleged that all the accused had gone to steal away the Jack fruit from the informant‟s tree when they were caught and out of annoyance, they assaulted with LATHI and TANGI and caused