AMARESHWAR SAHAY, J. - (1.) THIS appeal is directed against the judgment dated 5/8/1991 passed by the Additional Sessions Judge -1, Deoghar in Sessions Trial No. 5/88/14/88 whereby all the appellants have been convicted for the offences under Sections 307/149 IPC and have been sentenced to undergo R.I. for a period of 5 years. In addition to this appellant Nos. 1, 3 and 5 have further been found guilty for the offences under Secs. 148 and 323 Indian Penal Code and have been sentenced to undergo RI for a period of 2 years and the rest all nine appellants have further been convicted for the offences under Secs. 147/323, Indian Penal Code and have been sentenced to undergo RI for a period of 1 year each. The sentences were ordered to run concurrently.
(2.) THE prosecution case in brief is that on 25/8/1984 at about 1 p.m. the informant was weeding out grass in his field bearing plot No. 393 situated in village Dudhania PS Mohanpur, District Deoghar. At about 2.30 p.m. accused Jia Mahto and Jai Kumar Mahto went to him and asked him to get out from the field. Informant Jagdish Mahto retorted that land belonged to his forefathers, and the accused persons had no right to ask him to get away from the field. On this both the accused persons started brick -batting the informant. Being afraid the informant fled and reached in front of his house. Accused Jia Mahto ordered the remaining accused persons to assault Jagdish Mahto upon which all the thirteen accused persons reached there variously armed with bhala, sword, bhujali axe and lathi. Accused Jia Mahto gave a bhala blow to the informant on his left side rib. Accused Jagarnath Mahto gave him a blow of axe on his back and accused Ratan Mahto gave him a blow of bhujali on his head. It is said that the remaining accused persons also assaulted the informant by lathies. The informant raised alarm upon which his mother Tetri Devi came there to whom accused Jai Kumar Mahto gave a blow by sword due to which her left hand was chopped off and thrown away. The informant fell there being unconscious. On his alarm many villagers namely, Shekhar Jha, Bhum Rout, Nunulal Mahto, Mahesh -war Rawani and others came there and witnessed the occurrence. The informant and his mother who were injured were brought to Deoghar Hospital for their treatment. It has been stated that as the informant was unconscious till 26/8/1984 his fardbeyan was recorded at Deoghar Hospital by ASI of Mohanpur Police Station on 26/8/1984 at 6 p.m. On the basis of this fardbeyan a formal FIR (Ext. 1) was drawn. Police took up investigation in this case. After completing investigation, police submitted charge -sheet in this case. The defence case is of false implication due to enmity and litigation.
(3.) ALTOGETHER 14 PWs were examined in order to establish the charges against the appellants. Out of whom PW 1 and PW 14 are formal witnesses, PW 10 has been tendered, PW 5 is the informant, PWs 11 and 13 are the doctors, who had examined the injuries of Tetri Devi and Jagdish Mahto. PWs 3, 4, 6, 7, 8, 9 and 12 are the eye -witnesses of the occurrence. Ext. 3 is the injury report of PW 2 and Ext. 4 is the injury report of the informant (PW 5). Three DWs have also been examined in this case, DW 1 is appellant No. 1 and the rest two DWs are formal in nature. Some documents have also been exhibited. Ext. A is the formal FIR of Mohanpur PS. Case No. 81/84, Ext. B is the fardbeyan of accused Jai Kumar Mahto on the basis of which the aforesaid Mohanpur PS Case No. 81/84 was instituted. Ext. C is the carbon copy of the injury report of accused Jai Kumar Mahto. Ext. D is an Adoption Deed and Exts. E & E/l are the photostat copies of the order sheets.;