Advocates:
['H S PANDEY', 'MAHESH KUMAR SINHA A P P', '', 'NEHALA SHARMIN']

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Cr. Appeal (SJ) No. 1679 of 2004

IN THE HIGH COURT OF JHARKHAND, RANCHI

Cr. Appeal (SJ) No. 1679 of 2004

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(Against the judgment of conviction and order of admonition dated

02.07.2003 passed by the learned 4^th Additional Sessions Judge,

Deoghar in Sessions Case No. 256 of 2001 arising out of G.R. Case

No.885 of 2000, T.R. No. 879 of 2001, Mohanpur P.S.Case No. 236 of

2000,Deoghar Jharkhand)

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1. Makku Kole

2. Umesh Kole

3. Guru Charan Kole

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Appellants

Versus

The State of Jharkhand

…

Respondent

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CORAM:

HON'B LE MR. JUSTICE NAVNEET KUMAR

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For the Appellants

: Mr. Ashok Sinha, Advocate

For Respondent

: Mrs. Nihala Sharmim, A.P.P.

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HON’BLE MR. JUSTICE NAVNEET KUMAR

Order No. 05: Dated: 11^th March, 2022

1.

This appeal is directed against the judgment of conviction and

order of admonition dated 02.07.2003 passed by 4^th Additional

sessions Judge, Deoghar in Sessions Case No. 256 of 2001 whereby

and where under the appellants were convicted for the offence

punishable u/s 323 of IPC and in spite of awarding the sentence the

appellants were directed to be released after due admonition.

2.

Briefly stated the prosecution story as set out in the FIR is as

under:

The informant Rohan Kole (P.W.6) stated that on 14.12.2000, at

about 5 p.m. his cousin-accused Makku Kole came to the house of

informant Rohan Kole (P.W. 6) and asked him to flee from that place

claiming that he had no right to live there. The informant replied that

he was living over the property of his maternal uncle and he was not

occupying the property of anyone else, thereupon a dispute arose

between both the parties. Then the co-accused Khaku Kole having

lathi in his hand, Lakhandeo Kole holding lathi in his hand,

Gurucharan Kole holding lathi in his hand and Chhotelal Kole

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Cr. Appeal (SJ) No. 1679 of 2004

having tangi in his hand came there and Khaku Kole caught the

informant and the accused-appellant Makku Kole assaulted with

lathi with intent to kill him on his head thereby the informant got

injured. The informant further started raising hulla and on hearing

hulla Kuldeo Kole (P.W. 4), maternal uncle Ratu Kole (P.W. 1), mother

Manuwa Devi (P.W. 2) and bhabhi Sanjhwa Devi (P.W. 3) came to

rescue him, then Makku Kole gave a lathi blow on the head of Kuldeo

Kole (P.W.4) by which he got injured and Chhotelal Kole assaulted

Ratu Kole by Tangi on head, Lakhandeo Kole assaulted the mother of

the informant and thereby she sustained injuries on her hand,

accused appellant Gurucharan Kole gave a lathi blow on Sanjhwa

Devi on her hand. After this the son of Makku Kole namely, Umesh

Kole (appellant no. 2) came there armed with lathi and assaulted the

informant on his hand and back. On hulla, several people came there

and then, the accused persons fled-away.

3.

A written report was submitted by informant Rohan Kole

(P.W.6) at Mohanpur P.S. and a case was registered there under

sections 147, 148, 149, 341, 323, 324 and 307 of IPC and after

completing investigation police submitted the charge-sheet against

the accused persons in the court of C.J.M., Deoghar, who took

cognizance of the offence against the accused persons and

Committed this case to the Court of Sessions. Charge has been

framed under sections 147, 307/149, 341/149 of IPC. The learned trial

court after conclusion of the trial found the appellants guilty for the

offence punishable u/s 323 of IPC and accordingly they were

convicted thereunder. Further, it appears that instead of awarding

the sentence to the appellants they were directed to be released after

due admonition by the judgment of conviction and order of sentence

which is under challenge.

4.

Heard Mr. Ashok Sinha, learned counsel appearing for the

appellants and Mrs. Nehala Sharmim, learned A.P.P. for the State.