- (1.) The instant appeals are directed against the Judgment and Order of conviction passed in Sessions Trial No. 22 of 2004 and Sessions Case No.150 of 2004 passed by the learned Additional Sessions Judge, 1st Court, Purulia on 30th August, 2005 holding the appellants guilty of offence punishable under Section 325/34 of the Indian Penal Code and sentenced to suffer imprisonment for three years and to pay a fine of Rs.500/- each, in default to suffer further six months Rigorous Imprisonment more. Convict Sunil Kumar was also sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- only, in default to suffer six months more imprisonment for the offence punishable under Section 302 of the Indian Penal Code.
(2.) Put in a short frame, the prosecution case runs as under:- One Rohin Kumar lodged a complaint in 14.07.1999 at about 8.15 hours at Joypur P.S. stating, inter alia that on that day i.e. on the date of 'Ratha Jatra' he straight-way went to Joypur P.S. along with his injured father-Lalu Kumar and reported that in Ritudih Mouza they have their landed property and their uncle-Kuilu Kumar had also landed property. The land of Lalu is situated four feet higher than that of the land of Biswanath @ Bishu Kumar; for the last few days it was raining continuously for which in that land of Lalu water accumulated and it was needed to release the said water. Lalu released the same through a 'Nala' and the released water was filling the land of Biswanath Kumar; but on the day previous to the day of incident Biswanath Kumar and his son Sunil Kumar and Laxmiram Kumar blocked that Nala through which water was passing from the land of Lalu and on the day of incident in the morning hours Lalu Kumar after noticing that situation reported the matter to his family members. At about 7 a.m. on the day of incident Lalu Kumar and his son including one Birbal Kumar, Kuilu Kumar and Chamtu Kumar went to cultivate their respective lands. When the complainant and others reached near that place at that time Bishu Kumar and his five sons were found standing on the northern side of the land of Lalu. At that time Lalu removed mud from the portion of the Nala as a result the accumulated water began to fall on the land of Bishu Kumar and as a result Bishu Kumar and his five sons began to pelt stones and brick bats etc aiming at them and one brick bat hit Lalu in his head. They saw that the said accused persons were continuously throwing stones and suddenly Sunil Kumar threw a bomb which was in his hand and that bomb hit Kuilu on his back and Kuilu Kumar fell down with grievous injuries and they fled away and considering the condition of his father he took his father to local Hospital wherefrom he went to Joypur P.S. along with his injured father. On the basis of the above written complaint Joypur P.S. Case No.37 of 1999 dated 14.07.1999 was started and on investigation charge-sheet was submitted against the accused persons under Section 302 and 325/34 of the Indian Penal Code. Accordingly trial started and after completion of trial the learned Trial Judge convicted the appellants as aforesaid.
(3.) During course of trial prosecution has examined as many as 26 witnesses to prove its case. P.W.1, did not see the incident actually and was declared hostile by the prosecution.;