- (1.) The instant appeal is directed against the judgment of conviction and order of sentence dated 2.4.2002 recorded by Md. S.M. Alam, Additional Sessions Judge, VII, Hazaribagh in S.T. No. 525 of 1993 arising out of Barkagaon P.S. Case No. 48 of 1989 against the Appellants.
(2.) By the said judgment and order each of the Appellants was convicted under Sections 147/148/325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, two years and seven years respectively on each count. The Appellant No. 3 Gulab Sao was further held guilty under Section 324 of the Indian Penal Code, apart from his conviction under Sections 147/148/325 of the Indian Penal Code as aforesaid and was sentenced to undergo rigorous imprisonment for two years. The sentences were directed to run concurrently against each of them.
(3.) The informant, Shambhu Sharan Das (P.W.6) narrated in his Fardbeyan that he was a Karamchari, posted at Churchu Block. On 22.4.1989 while he was going to Kuru village in relation to some official work, it was alleged that all the accused (Appellants herein) variously armed with deadly weapons surrounded and asked him to accompany them to village Napokhurd. Having been scared and finding no way out the informant followed them. The informant further narrated that when he reached near the Peepal tree at his own village Barganiya, the Appellant Sona Sao delt stick blow causing injury in his right wrist. In the same transaction the other accused Man Mahadeo, Puran, Bhuneshwar, Sheo Charan, Bodhan and Kundan all started assaulting him with sticks consequently, he fell down sustaining a number of injuries. He further alleged that the Appellant Harihar Sao inflicted blow by means of hammer on his hand and leg and that the Appellant Gulab Sao when raised the Farsa over head with the intention to commit murder, his wife Niro Devi(P.W.1) suddenly appeared and stood erect as a shield consequently the blow of Farsa fell on her person causing bleeding injuries from her head. She also fell down on the earth. The Appellants then entered into the house of the informant, ransacked the house hold articles and escaped towards the forest. The occurrence was witnessed by the members of his family, who after their departure, immediately went near the victims and removed both of them to the Barkagaon hospital for treatment. Disclosing the genesis of the occurrence, the informant narrated that the State of Bihar had given 0.73 acres of land appertaining to Khata No. 249, Plot No. 434 to him and his brothers to which the Appellants claimed their rights over the said land. Prior to the alleged occurrence fishing was allowed by the government at Bargania Tank, as such the employees of the block had been fishing there to which the Appellants did not appreciate as the said employees were staying in the house of the informant which caused annoyance and for that they were nursing grudge against him and had given effect to the occurrence. Fardbeyan of the informant was recorded at Barkagaon hospital on 22.4.1989 giving rise to Barkagaon P.S. Case No. 48 of 1989 registered against all the Appellants for the alleged offence under Sections 147/148/149/307/323/324/341/427 of the Indian Penal Code including the co-accused Khedhan Sao who died in course of trial.;