- (1.) ALL the four appellants have preferred this appeal against the judgment dated 19th May, 2000 passed by Additional Sessions Judge -ll, Seraikella in Sessions Trial No. 342 of 1995 whereby and whereunder the appellant No 1 has been convicted under Sec. 323 I.P.C. and sentenced to undergo R.1. for six months and appellant No. 2 to 4 have been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to undergo R.1. for life each.
(2.) BRIEF facts leading to this appeal are that in the morning of 23.5.1995 the informant P.W. 1 was going along with deceased Nawdip Mahato to throw cow dung in his fields situated in Mauza Bankari P.S. Rajnagar, District East Singhbhum loaded on a bullock cart. As further stated when they reached near the house of the appellants, all of a sudden they arrived and started assaulting the informant and the deceased. According to the informant he was assaulted by appellant Lakho Mahto and Guli Mahato with Sabal and Lathi after which he fell down having bleeding injury. In the meantime appellant Shankar Mahto and Hema got upon the bullock cart and assaulted the deceased with Tangi and Balwa in their hands. After assaulting both of them the appellants fled away. The villagers arrived to bring them to their house. In the meantime Nawdip breathed his last. The reason behind this occurrence was that the daughter of appellant Guli Mahto was kept by the deceased as his wife for last one year without formal marriage resulting in this occurrence. Raj Nagar police arrived at village Bankari same day at 8. A.M. and recorded the statement of the informant. It appears that in the fard beyan the informant was named as Sudeo Mahto son of Hari Ram Mahto. Police registered Rag Nagar P.S. Case No. 25 of 1995 and prepared inquest report of the dead body and sent the informant for his treatment, to finally submit charge sheet against the appellants under Sec. 302,307/34 of the Indian Penal Code. The appellants were put on trial for the charges to which they pleaded not guilty and claimed false prosecution. However the learned trial court after examining witnesses found and held all of them guilty under Sec. 323, 302/34 of the Indian Penal Code and sentenced accordingly. They were acquitted of the charges under Section 307/34 of the Indian Penal Code in absence of any medical evidence regarding injuries on the informant.
(3.) THE present appeal has been preferred mainly on the grounds that the prosecution lacked supporting and corroborative evidence particularly in absence of any eyewitness of the occurrence. It is further asserted that the witnesses examined by the prosecution were highly interested and improbable. According to learned Counsel for the appellants when the prosecution case was not accepted by the learned trial court regarding assault on P.W. 1. his presence at the spot becomes doubtful. The learned Counsel further stressed that absence of any material exts seized by police like weapon of assault, blood stained soil and the I.O. makes the whole case doubtful. Therefore the appellants may be acquitted of the charges.;