Rajesh Shankar, J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence dated 30th June, 1992 and dated 3rd July, 1992, respectively, passed by learned Additional Sessions Judge, Deoghar in connection with Sessions Case No. 12 of 1991, corresponding to G.R. No. 3 of 1989, arising out of Madhupur P.S. Case No. 2 of 1989, by reasons of which appellant No. 1-Surjan Seikh has been held guilty for the offences punishable under Sections 147, 323 and 302, IPC and sentenced to undergo rigorous imprisonment for life under Section 302, IPC and further sentenced to undergo rigorous imprisonment for two years under Section 147. IPC and one year under Section 323, IPC; appellant No. 2-Abdul Seikh and appellant No. 3- Allauddin Seikh have been held guilty for the offences punishable under Sections 148/324. IPC and sentenced to undergo rigorous imprisonment for three years under Section 148, IPC and rigorous imprisonment for two years under Section 324. IPC : and rest of the appellants i.e. appellant Nos. 4 to 10 have been held guilty for the offences punishable under Sections 147/323, IPC and sentenced to undergo rigorous imprisonment for one year under Section 323, IPC. The sentences so awarded have been ordered to run concurrently and the period of detention as undertrial prisoner has been allowed to be set off.
(2.) Appellant No. 1-Surjan Seikh and appellant No. 4 Bigar @ Alijan Seikh have died during the pendency of the present appeal. In support of the said fact, the learned A.P.P. has produced a letter dated 14th December, 2016 issued by the Superintendent of Police, Deoghar, which has been taken on record, affirming the fact that the appellant Nos. 1 and 4 are dead. Consequently, the appeal preferred by them stood abated.
(3.) The prosecution story, as borne out from the fardbeyan of Moham Jan Sheikh, recorded on 3rd January, 1989, at 20:00 hours, at Dutta Hospital, Madhupur, is that on 3rd January, 1989, at about 10 a.m. all the appellants, forming an unlawful assembly, armed with deadly weapons, came in front of the house of Khatir Sheikh, brother of the informant, started abusing and quarrelling with him The appellants, namely. Abdul Sheikh and Allauddin Sheikh were armed with spear (bhala) and barchha, respectively, and remaining appellants were armed with lalhi. The appellants started assaulting Khatir Sheikh, as a result of which he fell down on earth in front of his house. Surjan Sheikh instigated his associates upon which they started assaulting Khatir Sheikh. Suijan Sheikh assaulted Khatir Sheikh with big stone on his head. Abdul Sheikh assaulted him with spear on his head. Allauddin Sheikh assaulted him with barchha on different parts of his body. Rafiquc Sheikh assaulted him by lathi on his hydrocele (scrotum). Other appellants also assaulted Khatir Sheikh with lathi and stone. When the informant, his wife, his son and his father wanted to save Khatir Sheikh, appellant-Abdul Sheikh gave spear blow to Sarif Sheikh. Surjan Sheikh assaulted Salauddin with lathi. Amir Sheikh assaulted the informant's wife with lathi, causing injuries to them. The father of the informant, namely, Marijan Sheikh also sustained injuries by stones. The occurrence was witnessed bv Suro Sheikh, Mustafa Sheikh and the family members of the informant. The appellants did not allow Khatir Sheikh, who had become unconscious, and other injured persons to go to the police station or to hospital. Khatir Sheikh remained fallen on earth till the evening when Chowkidar, namely, Hussami Mian reached the place of occurrence. Thereafter, Khatir Sheikh was removed from the place of occurrence and was sent to the hospital. Since he was unconscious, he could not make any statement. On the basis of the fardbeyan of Moham Jan Sheikh. Madhupur P.S. Case No. 02 of 1989 dated 3rd January, 1989 under Sections 147, 148, 149, 307, 325, 324 and 323 of the Indian Penal Code was registered against all the appellants. Subsequently, since Khatir Sheikh died. Section 302 of the Indian Penal Code was also added. The investigation was carried out and charge-sheet was submitted. Accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as Sessions Case No. 12 of 1991.;