AMARESHWAR SAHAY, J. - (1.) ALL the three appeals arise out of the same impugned judgment and as such, they were taken up together and are being disposed of by this common judgment.
(2.) THE three appellants namely Ganesh Chandra Mandal, Ram Gopal Goenka and Kamal Kishore Swarankar and one other accused namely Mahavir Narmolia (since dead, who died during the pendency of the trial) were charged for the offence under Section 307/34 of the Indian Penal Code for assaulting Sanjay Chaudhary, the informant (PW 5) with such intention and knowledge that the act caused by them would cause death of Sanjay Chaudhary and they committed the said offence in furtherance of common intention for voluntarily causing hurt to Sanjay Chaudhary by means of lathi. heated rod, burning cigarettes and heated chholni Learning 1st Additional Sessions Judge, Dumka, by the impugned judgment dated 17.1.1998, convicted all the three appellants for the offence under Sections 307/34 and 324 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of 7 (seven) years each for the offence under Section 307/34, IPC. No separate sentence was passed for the offence under Section 324 of the Indian Penal Code.
(3.) THE prosecution case in short is that on 10.1.1985, at about 9.00 a.m., the informant Sanjay Kumar Chaudhary (PW 5) arrived at Variety Store where he was an employee and the owner of which was the accused Mahavir Narmolia (since dead). On the direction of one of the staff of the Variety Store, the informant went to the house of the owner of the shop Mahavir Narmolia (since dead) to deliver Kerosene Oil and after return from there, it is said that the other staff of the Variety Store namely Pappu Meharia, Sankar, Ravi, Pradip, Ramesh and the owner Mahavir Narmolia (since dead) alleged that the informant had committed theft of Rs. 5,000/ - from the shop. The informant denied the allegations and thereafter, it is said that the father of the informant namely Ram Gopal Chaudhary (PW 3) was called by the owner of the shop and he was told about the aforesaid theft by his son. At this, the informant's father namely Ram Gopal Chaudhary stated that there were so many staffs in the Variety Store and since nobody has seen his son committing the theft and as such, why was only his son being charged for the said theft. Ram Gopal, the father of the appellant asked to make query from all the staff of the Store also and thereafter, he went back. It is said that thereafter, the owner of the shop called Kamal Kishore Swarankar (appellant of Criminal Appeal No. 41 of 1998) as asked him to get confession from the informant regarding theft and he also told him that he is free to do whatever he likes. Thereafter, the said Kamal Kishore Swarankar (appellant) assaulted the informant by means of lathi and caused burn injuries on his chest with lighted cigarettes. Therefore, the informant was brought to a tea stall of Dhirendra Chandra (PW 1); there the appellant Kamal Kishore Swarankar caused burn injuries with a heated chholni on the cheek of the informant. Thereafter, the three appellants brought the informant to the Godown of Variety Store and assaulted him with heated iron rod, legs and fists due to which, the informant became unconscious and then the father of the informant was called and was asked to take his son and threat was given him that if the matter would be reported to the Police, his entire family will be burnt. However, on the next morning i.e. 11.1.1985, the FIR was lodged by the informant.;