VISHNUDEO NARAYAN,J. - (1.) THIS appeal has been directed by the appellants named above against the judgment and order dated 12.6.1996 passed in Sessions Trial No. 402/88/31/95 by Sri RC. Srivastava, Sessions Judge, Bokaro at Chas whereby and whereunder appellant No. 1, Sarjug Sharma has been found guilty for the offence punishable under Section 307 and 148 of the Indian Penal Code and he was convicted and sentenced to under go R.I. for 8 years and 1 year respectively and appellant Nos. 2 to 4 were found guilty for offence punishable under Section 147 and 323, IPC and they were each convicted and sentenced to undergo R.I. for six months and two months respectively and appellant No, 5, Biren Sharma has been found guilty for the offence under Section 147, IPC only and he was convicted and sentenced to undergo R.I. for six months. However, appellant Nos. 1 and 2 were not found guilty for the offence under Section 323, IPC.
(2.) THE prosecution case has arisen on the basis of the fardbeyon of PW 1, Ratan Lal Sharma recorded by S.I. Ram Bahadur Mahato of Chas Muffasil P.S. on 2.6.1988 at 9.00 a.m. in Referal Hospital, Chas regarding the occurrence which is said to have taken place on that very day at 7.30 hours in Village Chikisia, P.S., Chas (Mufassil), District Dhanbad (now Bokaro). The prosecution case, in brief, is that PW 3, Ram Kisun Sharma, father of the informant, was digging the foundation for constructing a house and his mother PW 6, Panu Bala Devi was returning from the pond at that time and all the appellants stopped her in the way and abused the mother of the informant and told her as to why Ram Kisun Sharma is digging the land and as to whether he has to die and at this the mother of the informant told them to let her go to her house. It is alleged that thereafter all the appellants armed with lathi and farsa came to the Barf of the informant and started abusing his father. It is alleged that the informant along with his brother Thakur Lal Sharma (PW 2) came there from the side of the pond aforesaid on hearing the abuses and they alongwith his father protested to the appellants in respect thereof and at this appellant Sarjug Sharma gave a farsa blow on the left scapular region of his father and other appellants also assaulted him by lathi. The prosecution case further is that they have also assaulted the informant, his brother and his mother by lathi when they attempted to rescue Ram Kisun Sharma. The prosecution case further is that Ram Kisun Sharma fell down and became unconscious and on alarms persons of the vicinity of the place of occurrence, namely. Tulsi Sharma, Hakim Gorain, Mahadeo Sharma and others came there and they witnessed the occurrence.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claimed themselves to be Innocent and to have committed no offence and that they have been falsely implicated in this case due to land dispute which is existing and alive between the parties.;