- (1.)THIS appeal has been preferred by the appellants against the judgment and order dated 26.8.2002 and 27.8.2002 respectively passed by Additional Sessions Judge, Fast Track Court, Sahibganj in Sessions Trial No. 188 of 1993 whereby and whereunder appellant no. 1 Manik Paswan stands convicted for the offence punishable under Sections 307 and 148 of the Indian Penal Code and sentenced to serve rigorous imprisonment for seven years and two years respectively whereas appellant nos. 2 to 6 stand convicted for the offences under Sections 307 and 147 of the Indian Penal Code and sentenced to serve rigorous imprisonments for five years and one year respectively.
(2.)BRIEF facts leading to this appeal are that in the afternoon of 13.5.1988, alt the appellants alongwith ten -fifteen unknown persons arrived at the place of occurrence, homestead land of the informant Bhisam Paswan and started putting balia and khutta to erect a hut on his land. The informant further asserted that the land in question belonged jointly to him and two his uncles.
However, appellant Manik Paswan claiming to have purchased the land from his cousin sister Bhulia Devi, daughter of late Banbari Paswan was trying to grab the land. The informant further stated that he asked them to wait till the villagers decide the issue, on which he was assaulted variously by the appellants. He further asserted that appellant Manik Paswan gave a Farsa blow on his head while others assaulted him with lathi. He raised alarms on which villagers arrived, saw the occurrence and rescued him. The informant was thereafter brought to hospital for treatment where police arrived and recorded his fardbeyan.

On the basis of which, Taljhari Police Station Case No. 26 of 1988 under various sections of Indian Penal Code was registered against named accused persons. The police investigated the case, submitted charge -sheet under various sections including Section 307 of the Indian Penal Code. The case was committed to the Court of Sessions where charge was framed on 7.12.1992.

The appellants pleaded not guilty and claimed false prosecution due to land dispute. They further asserted that for same occurrence Taljhari Police Station Case No. 27 of 1988 has been lodged and the informant side was aggressor. However, the learned trial court after considering the evidence on record found and held all of them guilty and sentenced them to serve rigorous imprisonments as stated above.

(3.)THIS appeal has been preferred mainly on the grounds that the learned trial court has not considered the defence properly. It is also asserted that the genesis of the occurrence, the manner in which occurrence took place has not been proved beyond reasonable doubts. It was also pointed out that the informant himself has contradicted his earlier versions by saying during evidence in trial court that he couid not identify anyone else except appellant Ramswaroop Paswan. According to this memo of appeal, in absence of the investigating officer and the doctor, the conviction of the appellants under Section 307/34 of the Indian Penal Code is not justified.
Therefore, the conviction of the appellants is liable to be set aside.