- (1.) This court is hearing this appeal as against the judgement and order of conviction passed by the learned Additional District and Sessions Judge, Fast Track Court No.1, Purulia in S.T. 22/2012 (S.C. 84/2011) arising out of P.S. Case No. 18 of 2005 dated 25-07- 2005 (.G. Case No. 449/2005). The judgement was delivered on 11- 9-2014. In that criminal trial, in all 20 accused persons faced the trial in respect of the charge punishable under Sections 341/34, 326/34, 307/34 of the Indian Penal Code and the learned trial court was pleased to convict the accused, Sadhan Mahato (A-1), Dileswar Mahato (A-2), Bharath Mahato (A-3), Ram Mahato (A-4), Budheswar Mahato (A-5), Dasarath Mahato (A-6), Jagu Mahato (A-7), Samir Mahato (A-8) and Laltu Mahato (A-9).Other 11 accused persons were acquitted in respect of the charge and one accused, Sushari Mahato, figured as accused no. 20 in the judgement died during the pendency of the trial, even though her name appeared in the cause title of the judgement. Learned trial court after recording evidence of 16 P.Ws., one D.W. and on scrutiny of the documents held those nine accused persons guilty in respect of the charge punishable under Section 324 of the Indian Penal Code and all were sentenced to suffer rigorous imprisonment for three years each and they were also directed to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for two months.
(2.) The case before the learned trial court can be stated in brief thus :- That one FIR was lodged by Bangsidhar Mahato with Kenda Police Station, District Purulia on 25-7-2005 which gave rise to P.S. Case No. 18 of 2005 dated 25-7-2005 under Sections 341/325/323/326/307/506/34 of the Indian Penal Code against the 21 FIR named accused persons. It was disclosed in the FIR that the incident took place on that date at about 6-00/6-30 A.M. in the morning on the eastern side of Gosaihir of village Kenda. It is apparent from the FIR that there was dispute between the parties as regards some landed property and one Salish was going on for an amicable settlement. Pending that Salish, it was claimed by the de facto complainant that his father Amulya Mahato (P.W.6) went to that field at about 6-00 A.M. in the morning and found the accused Ram Mahato and Bharath Mahato to cultivate that disputed land. He returned back to his home and informed his son (P.W.1) regarding that incident.
(3.) It was the further case of the prosecution that thereafter both the father and the son went to that field and requested them not to plough the land when all on a sudden, 19 accused persons came out from a bush and those accused persons along with Ram Mahato and Bharath Mahato assaulted both P.W.1 and P.W.6 by lathi, iron rod, Tangi, Kurul below their knees, right arms and also on the head to finish them. Thereafter the accused persons left the place assuming the victims to be dead. P.W.2 (Dilip Kumar Mahato), P.W.3 (Santosh Mahato), P.W.4 (Kalipada Mahato), P.W.5 (Danu Mardana) and P.W.7 (Dharanidhar Mahato) came to the spot and shifted the victims first to Kenda police station and from there, both the victims were taken to Purulia Sadar Hospital for treatment. There in that hospital, the victims remained for three days and it was further claimed by the de facto complainant in his evidence that he remained in Tata Main Hospital at Jamshedpur for 19 days.;