AMARESHWAR SAHAY, J. - (1.) CRIMINAL Procedure Code, 1973 Section 360The appellant No. 1 was convicted for committing the offence punishable under Section 325 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for two years and was ordered to pay a sum of Rs. 500/ - as compensation to the injured Ramjee Pandit. The appellant No. 2 was convicted for committing the offence punishable under Section 324 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for one year and was also ordered to pay a sum of Rs. 500/ - as compensation to Ruplal Pandit, son of the injured Damar Pandit as Damar Pandit was dead. In default of payment of compensation both the appellants were ordered. to undergo simple Imprisonment for three months each, by the judgment dated 22.8.1997 passed by the 2nd Additional Sessions Judge, Giridih in ST No. 130 of 1992. The other four accused, who were tried together with the present appellants, were, however, acquitted by the said judgment.
(2.) BEING aggrieved by the said judgment, the appellants have filed the present appeal. The prosecution case in brief is that on 25.3.1986 at. account 8 PM while the informant was in his house in village, Bardi Sariya in the district of Giridih, he heard some noise of CHOR CHOR. On hearing this, he came out from his house along with his brother and saw Tejo Pandit, Bud -han Pandit Mitlal Pandit, Mangar Pandit and Daulat Pandit were raising hulla. He saw that two persons of Chotki Sariya were surrounded by all the above named persons. It is said that Tejo Pandit was armed with lathi, Mitlal Pandit was armed with farsa and all other persons, named above, were armed with lathi in their hands. The informant and his brother intervened and told that those two persons, who were surrounded, were not thieves and they were known to him from before and thereafter the informant and his brother got those two persons released. This caused annoyance to the accused persons. Tejo Pandit asked the other accused persons to assault the informant and thereafter accused Tejo Pandit assaulted Ruplal Pandit with lathi, Dwarika Pandit assaulted the informant with lathi causing bleeding injury on his head and he also assaulted the informant on his right hand. Mit Lal Pandit (appellant No. 2) assaulted Damar Pandit on the left side of his chest by farsa due to which Damar Pandit fell down, accused Mahadeo Sonar assaulted Damar Pandit with lathi and also the informant on his back. It is further stated that the accused persons also assaulted the informant and his brother. Budhan Pandit (appellant No. 1) caused grievous hurt to Ramjee Pandit. The occurrence was witnesses by Budhan Rabidas, Govind Pandit and Prayer Ram and other villagers.
(3.) THE learned trial Court framed charges against Tejo Pandit (acquitted). Budhan Pandit (appellant No. 1), Mangar Pandit (acquitted), Daulat Pandit (acquitted), Nilkant Pandit (acquitted) and Mitlal Pandit (appellants No. 2) under Sections 147/148 and 307 of the Indian Penal Code read with Section 149 of the Indian Penal Code. Budhan Pandit (appellant No.l) was further charged under Section 325 of the Indian Penal Code whereas Mitlal Pandit (appellant No. 2) was also charged under Sections 148,324 and 307 of the Indian Penal Code.;