PRASHANT KUMAR,J. - (1.) IN the instant appeal; the appellants, named above had challenged the judgment of conviction and order of sentence dated 17.6.2005 and 22.6.2005 respectively passed by learned Additional Sessions Judge. FTC Latehar in Sessions Trial No. 171 of 1989 whereby and whereunder all the appellants were convicted under Section 436/34, 341/34, 323/34 and 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and pay fine of Rs. 5,000/ - each under Section 436/34 of the Indian Penal Code. The appellants further sentenced to undergo simple imprisonment for one year under Section 341/34 of the IPC, they are further sentenced to undergo rigorous imprisonment for one year under Section 323/34 of the IPC and they have also been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/ - each under Section 302/34 of the IPC.
(2.) AT the out set, it is relevant to mention that initially this appeal was jointly filed by altogether 31 convicts but during the pendency of this appeal the appellant No.2 namely Bhokh Nath Singh, appellant No.4 namely Ambika Singh appellant No.5 namely Rambrikath Singh @ Ram Bricha Singh appellant No. 13 namely, Bineshwar Singh @ Dinanath Singh. appellant No. 16. namely Shishupal Singh appellant No. 20 namely. Bhuneshwar Singh and appellant No. 22 namely, Jagnarayan Singh had died thus the appeals so for the aforesaid seven appellants are concerned stands abated vide order dated 20.4.2009 and 24.9.2012 passed by this Court. The case of prosecution in brief as per the fardbeyan of Kailash Saw PW 15 is that on 23.5.1988 in the morning at about 6 a.m. Satyendra Saw (PW 13) was going to forest for bringing wood. In the way, he has been intercepted at Paliyar Tola by Paliyar people. It is further alleged that Paliyar people assaulted him with slaps and confined him in a joint house. Thereafter about 100 Paliyar people armed with various weapon assembled near the house of Harihar Saw and they collected straw and K. Oil and thereafter put fire on straw, kept in the south of the house of Harihar Saw. After putting fire, Paliyar people raised hulla and on the said hulla about 20 to 25 persons of informant's party assembled. It is stated that because informant's party had been frightened by paliyar people, therefore Arjun Saw. Bijul Saw had gone to the place of arsoning armed with their licensee gun. It is stated that Surjdeo Singh caught hold the gun of Arjun Saw and then Raghubir Prasad exhorted. Thereafter Kunj Lal Singh looted the gun of Bijul Saw. It is further stated that thereafter due to fear, Bijul Saw entered in the house of Shiv Prasad Saw and rest persons had started fleeing, but Paliyar people chased and assaulted them with Farsa, garasa, Ballam and Lathi. It is stated that informant took shelter in the house of Mahavir Thakur. It is further stated that when police arrived informant came out of the house of Mahavir Thakur and then came to know that Arjun Saw, Bijul Saw, Bhola Saw, Sanjay Saw, Shiv Prasad Saw, Mohar Saw and Ram Bilas Saw have been killed. He further stated that Satyanarayan Singh had been killed from the side of Paliyar people. It is further stated that informant was not knowing as to how Satyanarayan Singh died. He further alleged that during the occurrence, Doman Saw. Harihar Saw and Yasoda Devi wife of Mohar Saw had received injuries. According to the informant entire occurrence took place because previous to the date of occurrence, some quarrel took place in between Uday Giri and Sakendra Saw. Informant had named altogether 40 persons including the appellants from among the Paliyar people who are involved in the commission of present crime.
(3.) ON the basis of aforesaid information, Latehar P.S. Case No. 57 of 1988 dated 23.5.1988 under Sections 147, 148, 149, 541, 302, 436 and 379 of the IPC instituted and police took up investigation. It appears that during the investigation, police prepared inquest report of the deadbodies and sent the dead bodies for postmortem examination. It also appears that Investigating Officer recorded the evidence of different witnesses and after completing the investigation submitted charge sheet against altogether 41 persons. It then appears that 6th Additional Sessions Judge framed charges against 41 accused persons under Section 436/34, 341/34, 323/34 and 302/34 of the IPC against all the accused persons. The learned Court below also framed charge under Section 379 against Kunjlal Singh and Surjdeo Singh. The aforesaid charges were read over and explained to the accused persons to which they pleaded not guilty.;