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Cr. Appeal (SJ) 594 of 2003

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No.594 of 2003

(Against the Judgment of Conviction and order of sentence dated

31.03.2003 passed by learned Addl. District & Sessions Judge, FTC-IV,

Bokaro, in Sessions Trial No.36 of 1997, arising out of Harla P.S. Case

No.12 of 1996, Bokaro, Jharkhand)

1. Rabul Ansari

2. Abdul Ansari

3. Shafik Ansari

4. Aftabuddin Ansari

5. Sahbuddin Ansari

6. Liyakat Ansari

…

Appellants

Versus

The State of Jharkhand

…

Respondent

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellants

: Mr. Ashim Kr. Sahani, Advocate

Mr. Pankaj Verma, Advocate

For the State

: Mr. Md. Hatim, A.P.P.

C.A.V. No.23.11.2021

Pronounced on : 03/02/2022

This appeal is preferred against the Judgment of Conviction

and order of sentence dated 31.03.2003 passed by learned Addl.

District & Sessions Judge, Fast Track Court-IV, Bokaro, in Sessions

Trial No.36 of 1997, arising out of Harla P.S. Case No.12 of 1996,

whereby the accused appellants have been convicted under Sections

148, 387, 323, 353 and 149 of IPC and sentenced to undergo

imprisonment for one year under Section 148 of IPC, three years

under Section 387 of IPC, 6 months under Section 323 of IPC and one

year under Sections 353 of IPC and all the sentences shall run

concurrently.

2.

The allegations against the appellant arose in the wake of the

fardbeyan dated 16.1.1996 of the informant Abodh Goswami P.W.5

that on 16.01.1996, at about 4.30 pm, he was collecting toll in Baruwa-

ghat Mela on the occasion of Makarsakaranti from the shopkeepers on

behalf of the Mela contractor Manpuran Manjhi. In the meantime,

all the six accused-appellants came with lathis in their hands along

with 10 to 12 unknown persons. The accused persons asked the

informant about mela contractor Manpuran Manjhi and demanded

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Cr. Appeal (SJ) 594 of 2003

Rs.500/- as a Rangdari Tax from him. On his refusal, they assaulted

the informant with fists and slaps, when constables Ram Lakhan

Singh and Jitendra Kr. Gosh deputed on duty in the said Mela

intervened to pacify them , then Aftauddin Ansari and Liyakat

Ansari caught hold of Ram Lakhan Singh and Rabul Ansari

assaulted on the head of Ram lakhan Singh and when the constable

Jitendra Kr. Gosh tried to save Ram Lakhan Singh, then Liyakat

Ansari and Aftauddin Ansari started assaulting by Lathi by which

there was stampede in the mela and the accused persons left the spot

after damaging the articles of the shop keepers. The informant

named a few witnesses who are said to have seen the alleged

occurrence

as

Yamuna

Mandal,

Ranjit

Mandal,Uttam

Goswami,Jharilal Mahto, Kishore Mahto etc.

3.

On the basis of aforesaid fardbeyan, Harla P.S. Case No.12 of

1996 was registered under Sections 147, 148, 149, 341, 323, 333, 307,

386, 387, 353, 427 of IPC against all the six accused persons and 10 to

12 unknown persons and after the investigation, the charge-sheet

was submitted against all the accused persons and the cognizance

was taken. After taking cognizance, the case was committed to the

court of sessions. The accused pleaded not guilty to the charges

explained to them for the offences punishable under sections 148,

341/149, 307/149, 387/149, 353/149,and 427/149 of the IPC and

denied the allegations levelled against them and after trial, the

learned court below passed the impugned judgment of conviction

and order of sentence, which is under challenge in this appeal.

4.

Heard Mr. Ashim Kr. Sahani and Mr. Pankaj Verma learned

defence counsel appearing on behalf of the appellants and Mr. Md.

Hatim, APP appearing on behalf of the State.

5.

Assailing the impugned judgment of conviction and order of

sentence dated 31.03.2003 passed by the learned court below, it is

submitted on behalf of the