- (1.) The four appellants have preferred this appeal against the judgment and order of conviction and sentence dated 10.12.2004 passed by Sri Ashok Kumar Chand, 1st Additional Sessions Judge, Dumka in Sessions Case No. 162 of 1997/31 of 2004 whereby and whereunder the appellants have been convicted under Section 435/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- (One thousand) and in default whereof to undergo rigorous imprisonment for three months and further the appellants have been convicted under Sections 323 and 451 of the Indian Penal Code and sentenced to undergo one year on each count and also to pay a fine of Rs. 1,000/- (One thousand) under Section 451 of Indian penal Code and in default whereof to undergo rigorous imprisonment for three months and all the sentences have been directed to run concurrently.
(2.) Though the broad features of the prosecution case have been fairly spelt out in the judgment of the court below, I shall discuss only the salient features of prosecution case with brevity for better appreciation of the contentions raised by the learned counsels.
(3.) The fardbeyan, which was recorded on 24.12.1996 at about 2.00 A.M. in the night at the instance of the informant Raj Kishor Yadav, is as follows- that he along with his father Nandlal Yadav after attending Gangwara Hat came to their village and were giving food to their cattle in their Gohal (cowshed) where all the four appellants namely Mahadeo Yadav, Basudeo Yadav, Sahdeo Yadav and Bhatu Yadav of the same village armed with Lathi, Farsa etc. came and tried to set fire in the house of Huro Mahato, which was protested by Sumitra Devi, upon which Mahadeo Yadav gave Lathi blow upon her head resulting in she became senseless. When the informant raised alarm Basudeo Yadav gave Farsa blow upon his head, Raj Kishor Yadav and Sahdeo Yadav assaulted him with Lathi causing injuries on his Pakhura and when the father of the informant Nandlal Yadav came to save him, Bhatu Yadav gave lathi blow on the head of his father causing injuries. It is alleged that all the accused persons thereafter set fire to the Gohal of the informant as a result of which, the Gohal was burnt to ashes. The villagers arrived there and saved the cattle of the informant. The informant suffered a loss of Rs.2,000/- On the basis of the said information, Hansdiha P.S. Case no. 68 dated 23.12.1996 was lodged under Sections 341, 323, 324 and 435/34 of the Indian Penal Code against the appellants. The police after investigation submitted the charge sheet whereafter cognizance was taken under Sections 341, 323, 451 and 436 of the Indian Penal Code against the accused-appellants and the case was committed to the Court of Sessions.;