- (1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 2nd July, 1990 passed in sessions case No. 202 of 1985/29 of 1988 by Shri Jugal Kishore Prasad, 2nd Additional Sessions Judge, Santhal Parganas,. Dumka whereby and whereunder all the appellants were found guilty for the offence punishable under Section 323/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for three months each. However, they were not found guilty for the offence under Section 307/147 and 379 of the Indian Penal Code. Co -accused Pano Murmu and Tuyus Soren @ Muklu Soren were found not guilty on all the counts and they were, accordingly, acquitted.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 6) of PW 1, Manjhi Marandi recorded by A.S.I. Parijeet Singh of town P.S. Dumka in the Sadar Hospital, Dumka on 8.10.1984 at 9.25 hours regarding the occurrence which is said to have taken place on 7.10.1984 at 19.30 hours in the house of the informant situate in village Lakhna, P.S. Jama, district Dumka and the case was instituted - by drawing a formal FIR (Ext. 7) on 10.10.1984 at 22.00 hours on the basis of the said fardbeyan and the FIR and the fardbeyan was received in the Court empowered to take cognizance on 12.10.1984. The prosecution case, in brief, is that the informant was sitting in his courtyard and chatting with his family inmates and all the three appellants along with coaccused Mangal Hansda (since dead) came there on the pretext of demanding tobacco and they started quarrelling with the informant in respect of some past incident and on the protest of the informant they abused him and also intended to assault him and in the meantime acquitted accused Tuyus Soren @ Muklu Soren came there with three or four lathis and bhala and he distributed those weapons to the appellants and other co -accused persons and, thereafter, the appellants and others dragged the informant along with PW 3 Jhade Marandi, PW 6 Lukhi and PW 5, Sheodhan Marandi from there outside his house and they all assaulted them. It is alleged that appellant Charan Hansda and Lobin Hansda assaulted the informant by lathi and bhala respectively, causing injuries on his head as a result of which he fell there. It is also alleged that other injured of this case will state as to which of the appellant or the co -accused person have assaulted each of them. It is further alleged that, thereafter, they have removed one ear ring and silver chain of PW 6, Lukhi Murmu and they fled away. It is alleged that PW 7, Ganesh Marandi and PW 8, Dewan Marandi came to the place of occurrence after the fleeing of the appellants and other co -accused and they were told about the occurrence.
(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 they have been falsely implicated in this got up case. It has been contended that Charan Hansda was invited by the informant in his house on the pretext of taking liquor in his company where he was assaulted by the informant at the relevant time and with a view save themselves the informant has falsely implicated the appellants in this case.;