D.P.SINGH, J. - (1.) AS both the appeals arise out of the same judgment, they are being heard together and disposed of by this common judgment.
(2.) ALL the appellants have preferred these appeals against the judgment of conviction and sentence dated 6.8.2002 passed by 1 st Additional Sessions Judge, Giridih in Sessions Trial No. 370 of 1995 whereby and whereunder appellants in Cr. Appeal No. 496/2002 have been convicted and sentenced as follows -the appellant No. 1, Braj Kishore Mandal has been convicted under Section 304 Part - II of the Indian Penal Code and appellants No. 2 to 4, namely, Rupan Mandal, Sudama Mandal and Bandhu Mandal have been convicted under Section 304 Part - II/149 of the Indian Penal Code. Further Braj Kishore Mandal, Sudama Mandal and Bandhu Mandal have been convicted under Section 148 of Indian Penal Code. Further Sudama Mandal has been convicted under Section 325 of the Indian Penal Code, Further appellants Braj Kishore Mandal and Bandhu Mandal are convicted under Section 324 of the Indian Penal Code and lastly appellant Braj Kishore Mandal, Rupan Mandal, Sudama Mandal and Bandhu Mandal have been convicted under Section 323/149 and 147 of the Indian Penal Code and sentenced to undergo R.I. for Six months for their conviction under Section 147 of the Indian Penal Code, further Six months under Section 323/149 of the I.P.C. Further each of them except Braj Kishore Mandal R I. for five years for their conviction under Section 304 Part -II/149 of the Indian Penal Code. Further Sudama Mandal to undergo R.I. for 3 years for his conviction under Section 325 of the Indian Penal Code. Further each of them except Sudama Mandal and Rupan Mandal to undergo R.I. for one year under Section 324 of the Indian Penal Code and lastly Braj Kishore Mandal to undergo R.I. for seven years for his conviction under Section 304 Part -II of the Indian Penal Code, all the sentenced to run concurrently. The appellants of Cr. Appeal No. 479 of 2002 have been convicted and sentenced as follows - All the appellants have been convicted under Section 147, 304(part -II/149, 323/149 of the Indian Penal Code, the appellant Ishwar Mandal and the appellant Badri Mandal were found guilty under Section 148, 324 of the Indian Penal Code and further sentenced all the appellants to undergo R.I. for five years under Section 304(part -II)/149 , six months R.I. under Section 147 of the I.P.C., the appellant Ishwar Mandal and Badri Mandal were sentenced to undergo R.I. for one year for offence under Section 324 of the Indian Penal Code and all were sentenced to undergo R.I. for six months under Section 323/149 of the Indian Penal Code, all the sentences to run concurrently. The factual matrix leading to these appeals are that in the morning of 6 th April 1995 females of the family of informant Bajo Mandal and appellants were picking Mahua flowers from two trees situated in the field in Mauza Sitakohbar P.S. Deori, district -Giridih when some altercation took place between them. Further stated the appellants arrived there variously armed and started to abuses the mother, Bhabhi and niece of the informant. The informant and witnesses arrived at the place of occurrence on alarm raised by the females to protest. However, the appellants started assaulting the informant the other witnesses resulting in injuries on them. It is alleged that the appellant Braj Kishore Mandal assaulted the deceased Dukhan Mandal with Farsa on the head who fell down. Thereafter the appellant Rupan Mandal asked all others to kill thorn. The appellants accordingly, assaulted the witnesses with lathi, iron rod and farsa. The villagers assembled and informant along with injured persons was shifted to State dispensary Deori for their treatment. Police arrived and recorded the statement of informant at 12 noon and registered Deori P.S. Case No. 40 of 1995 under Section 147, 148, 149, 323, 324, 307 of the Indian Penal Code. The deceased Dukhan Mandal during treatment breathed his last. As such charge sheet was submitted against all the accused persons under Section 302/149 of the Indian Penal Code and other offences.
(3.) THE case was committed for trial by the court of session, where the appellants along with others were charged under Section 302/149, 307/149, 323/149 and 147, 148 of the Indian Penal Code jointly and separately. The appellant Braj Kishore Mandal was further charged under Section 302 separately. The appellant Sudama Mandal was charged under Section 325 separately. The appellants pleaded not guilty claiming false implication. They have further pleaded that on the same day and time at same place they were subjected to assault for which another Deori P.S. Case No. 41 of 1995 was registered by police against the informant side.;