LAKSHMAN URAON, J. - (1.) BEING aggrieved by and dissatisfied with the judgment and order of conviction and sentence passed against all these appellants under Sections 148, 302/149 and 436/149 of the Indian Penal Code, sentencing them to undergo imprisonment for life under Section 302/ 149 of the Indian Penal Code, to undergo rigorous imprisonment for five years under Section 436/149 of the Indian Penal Code and further to undergo rigorous imprisonment for one year under Section 148 of the Indian Penal Code, directing all the sentences to run concurrently, they have preferred this appeal with a prayer to set aside the impugned judgment and order of conviction and sentence dated 5.9.2000, passed by the learned Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 123 of 1993.
(2.) THE prosecution case, based on the Fard -beyan (Ext.2) of the informant Sona Ram Gape (P.W. 6), recorded by S.I. Anil Kumar Mahuwar, Officer -in -charge, Mofassil Police Station, on 26.12.1991 at 13.30 hours at Village -Putida, Tola Kandangbasa, is that on 26.12.1991 in between 10 to 11 a.m. he was studying in his home. His mother Smt. Pan Mati Kui (P.W. 3), sister Hesai Purti (P.W. 5) and father Pandu Gape (deceased) were also there in the house. His father Pandu Gape was likely to go to join his duties at Sasaram, as he was serving in B.M.P. -16 having retired from Military service. All of a sudden at about 12 noon, 70 -80 villagers of Villages -Sara Guntia, Chhota Guntia and Kotro Guttu, surrounded his house, armed with Lathi, bows, arrows, Farsa, axe, Garsa and sword. They were asking to catch hold both father and son to kill them and also to set their house on fire. On hearing the alarm, when Pandu Gope came out of his house, Toka Sura Purti, Dobo Tiu, Chumru Tiu, Juria, Hungari Kundai Suru, Mano Purti, Naranga alias Suresh Purti, Suresh Purti (Mukhia), Galu Purti, Dumbi Tiu and Nara Purti, all of Village -Sara Guntia, Muchru and others of Village -Chhota Guntia caught hold Pandu Gope and assaulted him with lathi, Garasa, axe (Tangi) and bows. Pandu Gope (father of the informant) died at the spot. When his mother, sister and younger brother saw the assailants assaulting his father, then out of fear they fled away. The informant concealed himself by closing the doors of his home from inside. Some assailants entered into his house and damaged the house -hold articles. They were also hammering the doors which the informant had bolted from inside. When he did not open the door, then the assailants ordered to set his house on fire so that he may die due to burning. They set the doors, clothes, bamboos and tiles on fire and left the house, raising slogans that the informant will die due to burning in his house. The cause of the alleged occurrence, as stated by the informant, is that on Tuesday i.e. 24th December, 1991 in the evening, by the side of the road of the village, Smt. Laxmi Kundal Suru of Village -Mouzodia was selling rice -beer (Haria.) Motka Honhaga, husband of Laxmi Kundal Suru, Nirmal Jorika and Kubi Kundal Suru of village Mouzodia were standing there. At that time Jaina Nayak of Village -Sara Guntia went there to drink Haria. On demand of Haria, Smt. Laxmi Kundal Suru informed that Haria was no more and she was proceeding to her home. Then Jaina abused Laxmi. Husband of Laxmi Kundal Buru when objected, then he threatened them to shoot and kill. In the meantime, Pandu Gope (father of the informant asked Jaina Nayak not to act in such way whereupon Pandu Gope was also abused. Pandu Gope slapped once to Jaina Nayak. Thereafter, Jaina Nayak left that place, threatening that he and his son both will meet with dire consequences. All of them disbursed from that place for their respective homes. When the villagers of three villages had surrounded the house of the informant and the house was burning, at that time police went there. Then the informant came out. Even the assailants rushed to assault the informant but the police rescued him. The police also extinguished the fire and thereby saved other house -hold articles from burning and also saved the life of the informant.
(3.) THE prosecution examined altogether seven witnesses to bring home the charges, levelled against the accused (appellants). P.W. 1 Dr. Yogendra Singh conducted the post -mortem examination on the dead body of Pandu Gope and prepared Post Mortem Report (Ext. 1) in his pen and signature. P.W.2 Passing Ban Singh, a formal witness, has proved the Fard -beyan (Ext.2) in the pen and signature of Anil Kumar Mahuwar, Officer -incharge of Mofassil Police Station. P.W.3 Smt. Pan Mati Kui is the wife of deceased Pandu Gope. P.W. 4 Shankar Lal Chirania, another formal witness, has proved the seizure list (Ext. 3) in the pen and signature of Anil Kumar Mahuwar. P.W. 5 Hesai Purti is the daughter of deceased Pandu Gape. P.W. 6 Sona Ram Gope, son of the deceased, is the informant in this case and P.W. 7 Anil Kumar Mahuwar is the Investigating Officer in this case, who has proved the formal First Information Report (Ext. 4) and inquest report (Ext. 5).;