D.P.SINGH. J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 18-01-2001 passed in Sessions Trial No.176/91/185/98, whereby and whereunder the learned 1st Additional Sessions Judge, Godda held the appellants guilty under Sections 148/452 IPC and sentenced them to undergo RI for three years and seven years and to pay a fine of Rs. 1000/- and in default of payment, to further undergo RI for one year and under Sections 307/34 IPC to undergo RI for ten years and to pay a fine of Rs.2000/- and in default of payment to further undergo RI for two years.
(2.) Brief facts leading to this appeal are that one Nandkishore Yadav was sleeping on his veranda in the night of 27th August, 1990 when he saw Sk. Suleman, Sk. Sarafat and Sk. Manowar were going towards the field along with electric wire. It is further stated that when the informant asked them where they were going with electric wire, all of them came inside the verandah and other accused persons also assembled. All of them started abusing him, after which appellant Suleman asked them to kill him. It is further stated that appellants Sukhari, Sarafat and Manowar assaulted him with Farsa, lathi and Sang resulting in bleeding injury on various parts of the body. It is further stated that the informant became senseless then all the accused persons entered in his house and carried away household valuables like silver ornaments, cash, rice, wheat, clothes etc. According to the informant, he has got a dispute with the accused persons regarding killing of a bull, for which a case was pending. The informant was carried for his treatment and in the afternoon of 28-08-1990 his statement was recorded by police at Basant Rai O.P. within Pathargama P.S. The Godda police registered Pathargama P.S.Case No. 131/90 and started investigation. The police after investigation submitted charge sheet against all thirty accused persons. The case was later on committed to the court of session for trial, where all the accused persons were charged under Sections 148,380,452,307 IPC to which they pleaded not guilty and claimed false prosecution.
(3.) The learned trial court, after examining witnesses, acquitted 26 accused persons from all the charges. The appellants were also acquitted from the charge under Sec- tion 380 IPC. However, the learned lower court found and held guilty all these four appellants under Sections 148,452,307/34 IPC and convicted and sentenced them as aforesaid.;