RONGON MUKHOPADHYAY,J. - (1.) This criminal appeal is directed against the judgment and order of conviction dated 10.10.2002 and sentence dated 18.10.2002 passed by Sri D. N. Tiwari, the learned 4th Additional Sessions Judge, Fast Track, Garhwa in Sessions Case No. 163 of 1988, whereby and whereunder, the appellants have been found guilty and convicted for the offence punishable u/s 304(i)/34 and 307/34 of the Indian Penal Code (I.P.C.) and have been sentenced to rigorous imprisonment (R.I.) for 10 (ten) years u/s 304(i)/34 I.P.C. and further R.I. for 7 (seven) years for the offence punishable u/s 307/34 I.P.C. and both the sentences were directed to run concurrently.
(2.) During the pendency of the appeal on account of death of the appellants No. 3, 4 and 11, the appeal had abated and therefore the present appeal is with respect to rest of the appellants.
(3.) The prosecution story in brief is that the deceased and one injured along with Shivlal, Rambriksh and many other persons had gone to harvest paddy crops in Village Turimunda at the instance of Surendra Singh of Village Ranpura. As they were after completing the harvesting had started collecting the paddy in bundles, the appellant No. 1 had raised alarm at which many persons including deceased Kail Parahia reached there. Deceased Kail Parahia was caught hold by the accused persons and was assaulted by Garasa as well as Lathi and Surendra Parahia was also brutally assaulted. On account of the injury sustained by Kail Parahia he fell into the river and died, whereas Surendra Parahia suffered several injuries. It is also alleged that the informant had also suffered injuries on his person. On the basis of the aforesaid allegation Ranka P.S. Case No. 76 of 1985 was instituted for the offences punishable u/s 147,148,149,337,324,323,387,302 and 379 of the I.P.C. After investigation charge -sheet was submitted against the appellants pursuant to which cognizance was taken and the case was transferred to Court of Sessions where charge was framed for the offences punishable u/s 148,302/149 and 307/149 of the I.P.C.;