- (1.) THE appellants named above have preferred this appeal against the impugned judgment and order dated 30.06.1990 passed in Sessions Case No. 302 of 1984/55 of 1989 by Shri Arun Chandra Das, 3rd Additional Sessions Judge, Dumka whereby and whereunder appellant Sarkar Murmu and Mansa Hembrom were found guilty for the offence punishable under Section 436 of the Indian Penal Code and 147 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for three years for the offence under Section 436 of the Indian Penal Code and for a period of three months for an offence punishable under Section 147 of the Indian Penal Code and the rest of the appellants were also found guilty for the offence punishable under Section 147 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for three months. However, co -accused Sanatan Tudu, Robin Tudu, Manohar Marandi, Bhunda Tudu, Hopna Tudu, Babudhan Hembram and Debi Hembram were not found guilty on any count and they were, accordingly, acquitted.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of RW.1, Srinath Bowry, the informant recorded by S.I. Md. Muslim of Fatehpur outpost within Kundahit P.S. on 15.06.1982 at 20.00 hours at village Dhasania regarding the occurrence which is said to have taken place on that very day at 17.00 hours and on the basis of the said fardbeyan, case was instituted against the appellants and other co -accused persons by drawing a formal F.I.R. (Ext. 3) on 16.06.1982 at 9.00 hours which was received in the court empowered to take cognizance on 18.06.1982. The prosecution case, in brief, is that Sita Ram Bauri, Sridhar Bauri and Bepal Bauri along with some female of his village Dhasania had gone to pick up Mahua fruits of their trees in Kosaidih jungle, east of their village on 08.06.1982 and appellant Sarkar Murmu resident of village Kaludih has also his Mahua tree there. It is alleged that on that day appellant Sarkar Murmu, Baijun Tudu, Hopa Tudu and Shyam Lal Murmu and others came there and abused them for picking up Mahua fruits and also assaulted them and snatched the Mahua fruits collected by them and intimidated them that all the Bauries shall be assaulted and compelled to flee away from their village on the beat of the drum. The prosecution case further is that at about 5 o 'clock in the evening of 15.06.1982 all the appellants along with acquitted accused persons in the company of 30 -40 unknown persons variously armed with lethal weapons such as bow, arrow, axe and lathi forming an unlawful assembly with the object of causing destruction to the houses of the Bauries and to compel them to leave their village Dhasania, came there beating the drum and abused them and they were abeting and instigating for setting fire to the houses of the Bauries. It is also alleged that the informant besides all the residents of the Bauritola of village Dhasania left their village and went to the nearby tola i.e. Bangalipara of the said village and they have seen the appellants and others setting fire to the house of Sridhar Bauri and P.W.4 Ratan Bauri and causing damage to the other houses of the Bauries and they have also taken away goat, cock, besides jack fruits of the two trees all worth Rs. 1,000/ -. The prosecution case further is that the attempt of the police party to prevent the occurrence has also gone in vain.
(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 case due to enmity existing and alive prior to the occurrence between the parties.;