Hari Shankar Prasad, J. - (1.) THIS criminal appeal is directed against the judgment dated 3.7.1996 and order of conviction dated 5.7.1996 passed by the learned Additional Judicial Commissioner, Khunti in Sessions Trial No. 276/1986 corresponding to TR No. 159/1993, in which appellants were held guilty under Section 364, IPC and were accordingly convicted and sentenced to undergo R.I. for three years and to pay a fine of Rs. 2000/ - each and in default of payment of fine to further undergo R.I. for three months.
(2.) PROSECUTION case in brief is that Sagar Munda lodged a case with Khunti Police Station, on the basis of which Khunti P.S. Case No. 26/87 dated 5.4.1987 under Section 364, IPC was registered. On 5.4.1987 at about 8 p.m. Masih Munda, Hari Singh Munda, Bundu Munda, Madhu Munda, Champay Munda and Digwa Lohar came to the house of the informant and abused the mother of the informant and Madhu Munda, Bundu Munda, Masih Munda and Hari Singh Munda entered into the house of (sic) and dragged her out. The informant and his sister were present at the time of occurrence. They protested and raised alarm and several persons of the village came but nobody intervened. Since then the informant and his sister were in search of their mother but they could not get trace of their mother and as a result of which delay has taken place in lodging of the FIR I.O. after investigation submitted charge -sheet against four persons, who are appellants here. Charges were framed and the learned Additional Judicial Commissioner, after recording evidence of both sides, came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid.
(3.) LEARNED counsel appearing on behalf of the appellants, assailed the judgment on the following grounds: "(i) The learned Court below did not appreciate the evidence of the witnesses in correct perspective and considered their evidences on conjectures and surmises. (ii) There is no explanation for delay in lodging of the FIR (iii) The doctor has not been examined. (iv) I.O. has also not been examined. (v) Six persons have been named in the FIR but only four persons, who are appellants here, have been charge -sheeted." The prosecution has examined four witnesses to prove its case. PW 1 is the informant himself. He has stated that Masih Munda Bundu Munda, Madhu Munda, Hari Singh Munda, Champay Munda, Lagot Munda and Digwa Lohar came to his house and assaulted his mother, called her witch and catching her hair, dragged her away. He and his elder sister Foolmani saw the occurrence and searched for their mother. He further says" that 8 days after he found her mother in Sarjan Din, Bundu Thana and he informed the Police Station and gave his statement before the police. In cross -examination he has stated that when appellants and others were dragging his mother and taking her then he had raised alarm but no one turned, up. He further says that he did not inform the Police Station next day and next day of occurrence he informed Jalia Munda of Sarajan Din, who is his mausa in relation. Sarjan Dih is half kilometer south from his village.;