JHARKHAND HIGH COURT ISSUES ORDER ON RADHEY SHYAM MISHRA AND ORS V/S THE STATE OF JHARKHAND

RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. This Criminal Appeal has been filed on behalf of the appellants challenging the judgment of conviction and sentence dated 25.01.2007 passed by Sri G.K. Varma, learned Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 65 of 2004 whereby and whereunder the appellants namely, Radhey Shyam Mishra, Nagina Mishra, Subhago Devi @ Subhaga Devi, Sandhya Devi @ Sabya and Nevita @ Babita Kumari have been convicted by the learned Sessions Judge, Palamau at Daltonganj for the offence under Section 323 of the Indian Penal Code and sentenced the appellant nos. 1 and 2 to undergo R.I. of six(6) months, whereas the appellant nos. 3 to 5 were released on furnishing separate probation bonds of Rs. 5,000/- with two sureties under Section 4 of the Probation of Offenders Act, 1958, binding themselves to maintain peace be of good behaviour for period of two years.

2. The informant, namely, Ravindra Mishra had lodged the FIR on 09.10.2001 stating therein that on 08.10.2001, the accused Subhaga Devi uprooted Sisam tree (Sappling) from behind informant's house on eastern side. When informant's mother, namely, Dulari Devi and wife Reeta Devi objected the said act, the accused Subhaga Devi and Babita Kumar along with one Kapuran Kuer started abusing informant's mother and wife. When the informant returned from Garhwa in the evening, where he worked in Vishwakarma Electro Homeopath Medical College, he was told about the said occurrence. Then in the morning on 09.10.2001, he asked accused Nagina Mishra as to why the Sisam sapplings have been uprooted at which the said accused started abusing and assaulting him by means of Lathi, which hit on this head with a view to kill him, causing serious injury on his head. When informant's mother came out of her house to see the informant, the wife and daughter of Nagina Mishra entered informant's house took out a Lathi from there and handed it over to accused Radhey Shyam Mishra, who assaulted the informant's mother and wife by means of said Lathi and caused serious injuries on their head. At the same time, accused Subhaga Devi, Babita Kumar and Sabya Devi also assaulted the informant's mother and wife on their back by means of sticks (Danda) while the accused Subhaga Devi snatched a silver chain from the neck of informant's wife.

3. Heard Mr. Ajay Kumar Pathak, learned counsel for the appellants and Mr. V. S. Sahay, learned APP for the State.

4. Learned counsel for the appellants has submitted that the impugned judgment and sentence passed by the learned Court below is legal, arbitrary and not sustainable in law.

However, learned counsel for the appellants has further submitted that he is not pressing the appeal on merit and he is pressing an arguing the case on the point of sentence imposed upon the appellants by the learned Trial Court below.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=O8rtNkbgLSLWg%2FXMiQDz6xAGrtpwcNXSb8lD%2BS1eWuzakvzwg9cgiJroxPdgvHFZ&caseno=Cr.A(SJ)/223/2007&cCode=1&cino=JHHC010098682007&state_code=7&appFlag=)

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