IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 61 of 2019 [Against the judgment of conviction dated 13.12.2018 and order of sentence dated 17.12.2018 passed by the learned Additional Sessions Judge-Ist-FTC, Bokaro, in Sessions Trial Case No.227 of 2016, arising out of Pindrajora P.S Case No.38 of 2016, corresponding to G.R No.665 of 2016]

Tarapad Tiwari, aged about 30 years, son of Sri Kant Tiwari, resident of Mouza-Silphore, P.O & P.S. Pindrajora, District Bokaro, Jharkhand …. …. Appellant Versus The State of Jharkhand …. …. Respondent ---

PRESENT CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----

For the Appellant : Mr. N.K. Sahani, Advocate For the Respondent : Mr. Rajneesh Vardhan, A.P.P.

th Dated: 09 April, 2026

1. Heard the parties.

2. The present Criminal Appeal has been preferred against the judgment of conviction dated 13.12.2018 and order of sentence dated 17.12.2018 passed by the learned Additional Sessions Judge-1^st FTC, Bokaro, in Sessions Trial Case No.227 of 2016, arising out of Pindrajora P.S Case No.38 of 2016, corresponding to G.R No.665 of 2016, whereby the appellant has been convicted for the offence under Sections 448/34, 341/34, 323/34, 324/24 307/34 & 325 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years with a fine of Rs.5,000/- for the offence under Section 325 IPC. In default of payment of fine, to undergo imprisonment for two months. He has further been sentenced to undergo rigorous imprisonment for six months for the offence under Sections 323/34 and 448/34 of the IPC each. He has further been sentence to undergo imprisonment for one month for the offence under Section 341/34 IPC. Further, to undergo rigorous imprisonment for one year for the offence under Section 324/34 of the IPC. All the sentences were directed to run concurrently.

3. The brief facts of the case, as disclosed in the F.I.R., is that the informant submitted a written report before the police station stating that on 15.05.2016 at 07:00 A.M., his nephew namely, Vijay Tiwary along with Tarapad Tiwary and Urmila Devi entered his house and assaulted his wife namely, Sabarbala Devi and broken her leg. They also assaulted his son namely, Santosh Tiwari. When his daughter-in-law namely, Nisha Devi tried to save her husband namely, Santosh Tiwary, she was also beaten and attacked with a Tangi due to which, her finger was cut. The accused further threatened to kill the family members. They usually made assault and torture them.

On the basis of above written report of the informant, the criminal law has been put into motion by lodging an F.I.R. being Pindrajora P.S Case No.38 of 2016, corresponding to G.R No.665 of 2016, against the appellant by the informant Raja Ram Tiwary dated 15.05.2016 registered for the offence under Sections 341/34, 323/34, 324/34, & 307/34 of the Indian Penal Code. However, the alleged incident occurred at about 07:00 A.M and the F.I.R was lodged at about 09:00 A.M on the same day.

The police, after completing the investigation, has submitted the charge-

sheet under Sections 341, 323, 324, 307 & 34 of the IPC. Accordingly, cognizance has been taken and charge has been framed under Sections 341/34, 323/34, 324/34, 448/34 & 307/34 of the IPC against the accused. Thereafter, the case has been committed to the court of Sessions to which the appellant has pleaded innocence and claimed to be tried.

4. For substantiating the prosecution's story, altogether seven (07)

witnesses have been examined.

5. P.W.-1 Shivnandan Tiwari is an independent witness and he has been declared hostile.

6. P.W.-2 Sita Ram Tiwari is a hearsay witness.

7. P.W.3 Nisha Devi, is one of the injured witnesses, claiming that she sustained a cut injury caused by a Tangi blow. She has admitted that the parties are family members and partition of the property had already taken place. She had denied the defence that the alleged injury was self-inflicted and the injury to Sabarbala Devi (her mother-in-law) has b