Advocates:
['S P ROY', '', 'SANDEEP JHA', 'MANOJ KUMAR JHA', 'RANJAN PRASAD SINHA', 'SANJEEV THAKUR', 'P K SAHAY A P P', '', 'N K SAHANI', 'AZEEMUDDIN', 'VIKESH KUMAR', 'NISITH KR SAHANI', 'PANKAJ VERMA']

1

Cr. Appeal (SJ) No. 727 of 2005

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No. 727 of 2005

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(Against the judgment of conviction dated 24.05.2005 and order of

sentence dated 25.05.2005 passed by the learned Additional

Sessions Judge cum F.T.C. 2^nd, Bokaro in Sessions Trial No. 38 of

2002 in connection with B.S. City P.S. Case No. 32 of 2000,

corresponding to G.R. Case No. 95/2000, Bokaro, Jharkhand.)

1.

Gore Rajak

2.

Birednra Rajak

3.

Anil Rajak

4.

Dilip Rajak

…

...

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. Sanjeev Thakur, Advocate

For the Respondent

:

Mr. Azeemuddin, Advocate

For the Informant

:

Mr. A.K. Sahani, Advocate

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HON’BLE MR. JUSTICE NAVNEET KUMAR

Order No. 04: Dated: 11^th July, 2022

1.

This appeal is directed against the judgment of conviction

dated 24.05.2002 and order of sentence dated 25.05.2005 passed by

the learned Additional Sessions Judge-F.T.C. 2^nd Bokaro, in Sessions

Trial No. 38 of 2002 in connection with B.S. City P.S. Case No. 32 of

2000, corresponding to G.R. Case No. 95/2000, Bokaro, Jharkhand,

whereby and where under the learned trial court convicted the

appellants for the offence punishable u/s 148, 325, 324/34 of the

IPC, 1860 and sentenced them to undergo Rigorous Imprisonment

for three years for the offence punishable u/s 325 of IPC, Rigorous

Imprisonment for two years under section 324 of IPC and Rigorous

imprisonment for one year for the offence punishable u/s 148 of

IPC with fine of Rs. 1000/- each and further directed that in default

of payment of fine each convicts shall undergo simple imprisonment

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Cr. Appeal (SJ) No. 727 of 2005

for three months and all the sentences were directed to run

concurrently.

2.

The prosecution story as unfolded in written information of

Ram Lakhan Das (PW-2) dated 26.01.2000 addressed to O/C of B.S.

City police station is that on 25.01.2000 at about 12 o clock at noon,

his wife Urmila Devi, (P.W. 1) was having an altercation with Mala

Kumari D/o Bishun Dew Rajak, Bishun Dew Rajak, Dilip Rajak,

Anil Rajak, Gore Rajak and Birendra Rajak. They all were abusing

his wife and then Bishun Dew Rajak assaulted her with danda on

her right leg and right wrist. Few persons came their and pacified

the situation. At that time his family members were not present.

When he returned home, he was informed about the occurrence by

his wife, then at about 2.45 P.M., he along with his wife and son

Ashok Kumar were going to police station for giving information

and as they reached near house of Bishundew Rajak, all of a sudden

Bishun Dew, Dilip and Gore holding lathi, Anil and Birendra

holding Iron rod came out of their house and assaulted upon them.

Birendra Rajak assaulted on his head with iron rod causing grievous

Injury. Bishun Dew, Dilip and Gore assaulted him with Danda. Anil

Rajak assaulted Ashok Kumar on his head causing bleeding injury,

again Anil tried to assault Ashok on his head with rod, which Ashok

took on his right hand resulting fracture therein. On their hulla

many persons assembled there and rescued them. The accused were

threatening to kill them. They also threatened them with dire

consequences if the police would be informed. They were sent to

B.G.H. for treatment, where all the three were treated.

3.

On this written report information, B.S. City P.S. case No.

32/2000 was instituted under sections 147, 325, 307 of IPC, and

investigated by S.I., M.M. Singh who filed charge sheet on

04.03.2000 against all the five accused u/s 147/325/307 of IPC. After

taking cognizance the case was committed to the Court of Sessions.

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Cr. Appeal (SJ) No. 727 of 2005

Learned Additional Sessions Judge –III Bokaro framed charge on

11.06.2002 under sections 148,325, 307/34 of IPC. Lea