AMARESHWAR SAHAY, J. - (1.) BY the impugned judgment, the appellant No. 1, Lakshmi Narain Gorain was found guilty for committing the offence under Sec.307, Indian Penal Code and was sentenced to undergo RI for a period of seven years for the said offence. The appellant No. 2, Sheikh Nashir was found guilty for the offence under Sec.323, IPC. However, no substantive sentence was awarded to him and he was released on probation after executing the bond for a period of one year. The other three accused, who were tried alongwith these two appellants were acquitted from the charges by the impugned judgment dated 18.07.1991 in Sessions Case No. 17 of 1995 by the Additional Sessions Judge, Dumka.
(2.) THE prosecution case in short is that on 18.03.1984 at about 11.30 a.m., while the informant Madhusudan Gorain (PW 5) was returning to his house on a bicycle and when he crossed the house of the appellant No. 2, Sheikh Nashir situated in village Baskuni, the appellants Lakshmi Narain Gorain, who was armed with a tangi and the appellant No. 2 Sheikh Nashir, who was armed with "bhujali" attacked the in" formant from behind and assaulted by means of their respective weapons held by them. Consequently, the informant fell down and thereafter it is said that the other accused persons assaulted him with lathi on his leg and hands. On halla being raised by the informant PW 1 Nikhil Kr. Sah (hostile), PW 2 Basant Gorain (Hostile) PW 3 Atul Chand Dey (Hostile) and PW 4 Ramdayal Guluka (Hostile) arrived at the P.O., whereupon the accused persons fled away after taking out a sum of Rs. 450.00 from the informant. All the five accused persons were charged for the offence under Secs. 147, 307/149, 307 and 379, Indian Penal Code and further these two appellants were charged for the offence under Sec. 148, IPC.
(3.) THE prosecution examined seven witnesses in all including the Doctor, PW 6 Sachida Nand Jha, who medically examined the informant on 18.03.1984 and found the following injuries on his person. (i) Cut injury on posterior part of head 2" x 1/4" x 1/6". (ii) Cut injury on posterior part of head, below injury No. 1, size 3" x 1 /4" 1/6 (iii) Cut injury 1" x 1/6" x 1/6" on left leg. (iv) Cut injury 1/2" x 1/6" x 1/6" left leg with swelling of ankle joint. (v) Swelling left elbow 3" x 4". (vi) Scratch below right knee size 1/2" x 1/4". ;