VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the appellants named above against the judgment, dated 30.4.1993 passed in Sessions, Case No. 146/86/156/89 by Sri Sita, Ram Pandey, 3rd Addl. Sessions Judge, Dumka (Santhal Pargana) whereby and whereunder they were found guilty for the offence punishable under Sections 302/149, 323/149 and 147 IPC and they were convicted and sentenced to undergo RI for life for the offence under Sections 302/149, IPC and RI for two months for the offence under Section 147, IPC and RI for one month for the offence under Sections 323/149, IPC. However, the sentences were ordered to, run concurrently. All the appellants were acquitted of the charges under Sections 307/149, 325/149 and 447, IPC giving benefit of doubt by the learned Court below.
(2.) THE prosecution case has arisen on the basis of the Fardbeyan (Ext, 1) of PW 3, Suna Tuddu recorded on 31.8.1985. at 15.30 hours in the State Dispensary, Barharwa by SI Kamla Pati Singh, O/C Ranga PS regarding the occurrence which is said to have taken place on that very day at 11.00 hours in Village Kushum Pokhar Bahiar in which the murder of Ramai Tuddu was committed and PW 3, the informant, PW 11, Dula Tuddu, PW 1, Khirish Kisku, PW 2 Bhushan Tuddu were assaulted. The case was instituted on the basis of the Fardbeyan aforesaid on that very day at 22.00 hours as per formal FIR (Ext. 2) which was sent to the Court empowered to take cognizance on 1.9.1985 by special messenger but the same was received in the Court on 5.9.1985. The prosecution case, in brief, is that all the appellants aforesaid along with six. unknown persons resident of Village Nageshwar Bag, RS Rajmahal, District Sahibganj forming an unlawful assembly variously armed with lethal weapons, such as, Bhala, Khanti, Bow, Arrow and Lathi were sowing paddy seedlings in the field of the informant and PW 3, the informant along with his father PW 11, Dula Tuddu protested to them from sowing padddy seedling in the said field. It is alleged that on their protest all the appellants aforesaid started assaulting the informant and his father by Lathi, Khanti and Bhala and PW 11. Dula Tuddu, the father of the informant, sustained fracture injuries on his left arm. The prosecution case further is that PW 1, Khirish Kisku, PW 2, Bhushan Tuddu @ Lughru Tuddu, PW 4, Dubai Soren, PW 10, Madhua Murmu and Ramai Tuddu, the deceased of this case, came there to rescue the informant and his father arid the appellants also assaulted them by Lathi and Khanti which caused fracture on the right hand of PW 1. Khirish Kisku and fracture of leg of PW 2, Bhushan Tuddu and they also committed the murder of Ramai Tuddu in the said field. It is also alleged that several persons of the village came there on the alarms raised at the place of occurrence by the informant and others and they have witnessed 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 that they have been falsely implicated in this case out of enmity existing and alive. It has also been contended that the appellants were in cultivating possession of the land in question and they were sowing paddy seedlings in the said field and the informant along with others forming an unlawful assembly has assaulted the appellants causing injuries on their person and for that a case has also been filed against the informant and others regarding the said occurrence.;