- (1.) This appeal is directed against the judgment dated 5-9-1994 passed by' the Sessions Judge, Deoghar in Sessions Case No. 42 of 1985 whereby and whereun der the learned Sessions Judge convicted the appellant Nos. 1 to 7, for committing the offence under Section 307/149 of the Indian Penal Code and has sentenced them to undergo R. I. for a period of 7 years each. So far as appellant No. 8 Rukmini Devi is concerned, the learned Sessions Judge though found her guilty for the offence under Sections 307/149 IPC but released her on probation of good conduct by executing a bond of Rs. 10,000/- with two sureties of the like amount each for keeping peace for a period of two years considering the fact that she was a woman and that there was no allegation against her that she caused injuries to any of the informant parties.
(2.) The prosecution case, as alleged in the F.I.R., lodged by Moti Rawani on 24-6-1982, in short is that on 23-6-1982 at about 7.00 p.m. one Dr. Banerjee had gone to the house of Bhagirath Rawani for the treatment of his son. The informant, his son Tripurari Rawani and Ojha Rawani also went to the house of Bhagirath Rawani and requested that some persons wanted to assault them and, therefore, the dispute may be settled. At that time Rawan Rawani, Bishan Rawani, Domar Rawani, Pawo Rawani, Kartik Rawani, Bahadur Rawani, Hero Rawani, Gonar Rawani and the wife of Hero Rawani, came there variously armed with Bhujali, Sword and Lathi etc. and then suddenly Rawan Rawani attached the informant's son Tripurari Rawani and assaulted by means of Bhujali on his hand due to which his right wrist was almost chopped off. Thereafter, all the named accused persons also assaulted the informant, his son Ojha Rawani and his wife Bindua-Devi. It is said that to save the informant party the villagers, Basuki Rawani (PW-2) and Kishan Rawani (PW-3) wanted to intervene but they were also assaulted by the accused persons by means of Lathi and Sword. The informant alleged that he received injuries on his persons due to assault made by Domar Rawani and Bishan Rawani and Pabo Rawani. It is said that due to the assault, his son Tripurari Rawani fled away towards his house and Ojha Rawani fell down there. On hulla, raised by the informant and others, the villagers Nakul Rawani, Ketka Rawani, Jaleshwar Rawani, Tilo Rawani etc. came there and then the accused persons fled away from the P.O. The motive behind, the occurrence was that the daughter of Gonar Rawani was married to Tripurari Rawani but she was not being sent to her in-laws place and because of the said dispute the said occurrence took place.
(3.) In order to establish the charges, altogether 13 prosecution witnesses were examined on behalf of the prosecution. On behalf of the defence also two D. Ws. were examined in order to show that there was free fight between both the parties and the appellants also received injuries in course of that occurrence but the said injuries on their persons were not explained by the prosecution.;