V1SHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellants stand directed against the impugned judgment and order dated 30.11.1998 passed in Session Trial No. 282 of 1993 by Shri Dhruv Narayan Upadhaya. 1st Additional Sessions Judge, Giridih whereby and whereunder appellant Jagdeo Raut and Bansi Raut were found guilty for the offence punishable under Section 324 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for two years and to pay a fine of Rs. 200/ - and in default thereof to undergo S.I. for 15 days and appellant Damodar Raut was found guilty for the offence punishable under Section 323 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for six months and to pay a fine of Rs. 200/ -and in default thereto to undergo S.I. for 15 days. However, the appellants aforesaid and other co - accused persons were not found guilty for the offence under Sections 302/149, 147 and 148 of the Indian Penal Code and they were acquitted in respect thereof. Case of co -accused Nakul Raut has been separated and sent to the juvenile Court vide order dated 8.1.1998 for trial.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of informant Arjun Raut (since dead) the brother of Latan1 Raut, the deceased in this case recorded by A.S.I. N.K.Singh at the place of occurrence i.e. Pandeybari Bahiyar of village Manditar, P.S.Hirodih, District Giridih on 15.06.1991 at 9.45 hours regarding the occurrence which is said to have taken place on that very day at 6.00 hours and the case was instituted against the appellant and others by drawing of a formal FIR on that very day at 17.00 hours which was received on 16.06.1991 in the Court empowered to take cognizance. The prosecution case, in brief, is that the informant along with his brother DW 2 Nand Lal Yadav was ploughing his land in Pandeybari Bahiyar of village Manditar at 6.00 hours on 15.6,1991 and the appellants along with other co -accused persons all resident of village Manditar, armed with gaita, lathi, bhala, pinjor, sword and spade came there and they prevented them ploughing the said land and getting the information in respect thereof Latan Raut, the brother of the informant came to the said field to know the reasons for that and then the appellants and the other accused persons all of a sudden started assaulting them and co -accused Nakul Raut, who was armed with a gaita suddenly gave a blow by that gaita on the chest of Latan Raut as a result of which he fell down and died instantaneously. It is alleged that the persons of the vicinity intervened to rescue them and in course of that PW 7, Ramdeo Mahto and Banwari Raut (since dead) have received Injuries on their person. It is further alleged that PW 1. Bhikhan Mahto, PW 2, Mahabir Mahto, PW 3, Somnath Raut besides Mathura Yadav and Khosal Raut (both not examined) have witnessed the occurrence. It is alleged that the land aforesaid was in continuous cultivation possession of the informant and on the day of the occurrence the appellants and other co -accused persons claimed the said land as their own and they prevented the informant from ploughing the said land by forming an unlawful assembly and they have assaulted and committed the murder of Latan Raut.
(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 land dispute.;