Pradeep Kumar, J. - (1.) THIS appeal is directed against the judgment of conviction dated 6th August, 2002 and order of sentence dated 7th August, 2002 passed by Shri Pradeep Kumar, Additional District & Sessions Judge, Fast Track Court -II, Bermo at Tenughat in Sessions Trial No. 66 of 1989, by which judgment he found all the Appellants guilty under Section 148 and 324/149 of the Indian Penal Code and sentenced them to undergo S.I. of 3 years for offence under Section 148 of the Indian Penal Code and also sentenced them to undergo S.I. of 3 yeas for the offence under Section 324 read with Section 149 of the Indian Penal Code. Both the sentences shall run concurrently.
(2.) IT is submitted by the learned Counsel for the Appellants that it will appear from the evidence of witnesses that none of the Appellants were present at the place of occurrence and their evidences, are not reliable. In that view of the matter, the Appellants are entitled to be acquitted. Moreover, learned Counsel submitted that the Appellants have remained in custody for sometime, hence the sentences may be reduced. On the other hand, learned Counsel for the State has opposed the prayer and submitted that P. Ws. 3 & 4 had seen the occurrence and have stated that the accused -Appellants were assaulting the injured and subsequently died. Learned Counsel has further submitted that in this case the I.O. and Doctor have not been examined and thereby the defense has been prejudiced due to non examination of the I.O. and doctor.
(3.) AFTER hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by the injured himself stating therein that he purchased a tree of Mahua from Lodha Manjhi of Ambadih and cut down the same on 12.3.87. On 15.3.87 at about 7 am in the morning he went to bring that Mahua tree and for this he was cutting and pruning the tree. Then the accused persons came there and assaulted him with the back portion of 'tangi', causing injury on his hand, leg and chest and he became seriously injured.;