RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:
1. Heard Mr. R.S. Mazumdar, learned Senior Counsel for the appellants in Cr. Appeal (D.B.) No. 30 of 2011 & Cr. Appeal (D.B.) No. 103 of 2011, Mr. D.K. Chakraverty, learned counsel for the appellant in Cr. Appeal (D.B.) No. 50 of 2011, Mr. A.K. Das, learned counsel for the appellants in Cr. Appeal (D.B.) No. 01 of 2011 and opposed by Mr. Bhola Nath Ojha as well as Mrs. Vandana Bharti, learned Special P.P. and learned Addl. P.P. respectively appearing on behalf of the State.
2. Since all these appeals arise out of a common judgment they are being disposed of by this common order.
3. These appeals are directed against the judgment and order of conviction and sentence dated 06.12.2010 (sentence passed on 16.12.2010) passed by Sri Jai Prakash Narayan Pandey, learned Additional Sessions Judge, FTC-IInd, Seraikella in S.T. No. 126 of 2003, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/149 of the IPC and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 15,000/. They have also been convicted for the offence u/s 353/149 of the IPC and u/s 448/149 of the IPC and have been sentenced to R.I. for two years and one year respectively. In case of default in payment of fine the appellants were to undergo further R.I. for one year. All the sentences were directed to run concurrently.
4. The prosecution case is based on the written report of Hamida Khatoon dated 16.01.2000 itself at around 11:30 A.M., in which, it has been stated that the son of the informant namely, Abbas Khan was standing in front of a betel shop situated at Sohandih, Sini Road when the constables of Sini Police Outpost along with 10-12 persons came and took the son of the informant to the Police Outpost. It has been alleged that when the informant and others had gone to the Police Outpost, they have seen on the terrace all the accused persons committing assault upon the son of the informant by sticks, fists and kicks. The son of the informant was tied with a rope. At about 12:00 noon the son of the informant was taken down from the terrace and was untied. Due to the assault committed he become unconscious and fell down. The accused Rajesh Agarwal @ Rajesh Kumar Agrawal (appellant in Cr. Appeal (D.B.) No. 103 of 2011) had thrown a stone on the son of the informant who suffered bleeding injuries. He was later on taken to T.M.H., Jamshedpur for treatment.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=Wvv66Dud4dpqZq8Ja%2B1FGGQ65erVRg5%2Bwobly5nJ%2BBUfOSEJ75RkruIUYQYS1W38&caseno=Cr.A(DB)/103/2011&cCode=1&cino=JHHC010159032011&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.