- (1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 17.2.2003 passed in Sessions Case No. 152 of 1993 by Shri Ram Babu Gupta, Additional Sessions Judge, Fast Tract Court No. II, Deoghar whereby whereunder the appellants along with co -accused Jimmedar Chaudhary were found guilty for the offence punishable under Sections 147, 149, 337, 341, 353, 323 and 225 of the Indian Penal Code and they were convicted but they were released on an executing bond of Rs. 5,000/ - with two sureties for a period of two years to maintain peace and be of good behaviour. However, co -accused Jimmedar Chaudhary was released on due admonition. The appellants were, however found not guilty for the offence under Section 307 of the Indian Penal Code though no specific finding in respect thereof stands recorded in the impugned judgment.
(2.) THE prosecution has arisen on the basis of the written report of Surya Kant Jha, A.S.I., Jasidih PS, District Deoghar (Ext. 5) lodged before the said police station on 21.5.1989 at 7.00 hours regarding the occurrence which is said to have taken place on 20th May, 1989 at 22 hours in village Chihomarni, PS, Jasidih, District Deoghar and the case was instituted against the appellants and other co -accused by drawing a formal FIR (Ext. 1) on 21.5.1989. The prosecution case, in brief, is that a raiding party consisting of A.S.I., B.B. Prasad (PW 6) and constables Kailash Yadav, Ajay Kumar Singh, Jaldhar Hembram, Ajay Gopal and Hawaldar, Dinesh Kumar Singh headed by the informant had gone to village Chihomarni in connection with the investigation of Jasidih PS Case No. 58 dated 20.5.1989 for apprehending the accused persons of that case and the police party reached the said village at about 22.00 hours on 20.5.1989 and started making investigation in the case and accused Diwakar Chaudhary and Hari Chaudhary were apprehended in Jasidih PS Case No. 58 of 1989. It is alleged that all the appellants along with co -accused Jimmedar Chaudhary came there forming an unlawful assembly armed with stones and brickbats and they started pelting stones and brickbats at the police force and obstructed them from taking away the apprehended accused persons aforesaid. It is alleged that the informant sustained injuries on his chest and ribs and other members of the raiding parties have also sustained injury on their person caused by brickbats and stones and the appellants rescued apprehended accused Hari Chaudhary from the lawful custody of the informant. The prosecution case further is that the informant along with the apprehended accused Diwakar Chaudhary anyhow managed to come to the police station. It is alleged that PW 1 Hare Krishna Chaudhary, PW 4, Shakti Chaudhary, Chandra Mauleshwar Chaudhary (since dead) and PW 2 Nazir Chaudhary have witnessed the occurrence and they have stated the name of the appellants to him as participants in the occurrence in question.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this got up case by the informant at the instance of PW 1, Hare Krishna Chaudhary and others who are inimical to the appellants prior to the occurrence and enmity between them was existing and alive on the day of the occurrence and they were on litigating terms.;