DILIP KUMAR SINHA, J. - (1.) THE appellants have preferred this appeal against the judgment of their conviction under Sections 148, 304 part -1 r/w 149, 307/149 Indian Penal Code and order according to which each of them, has been sentenced to undergo rigorous imprisonment for 3 years, 10 years and 10 years respectively on each count passed by Additional Sessions Judge, F.T.C. IV, Bokaro in Sessions Trial No. 119 of 1998 on 5.10.2004. The appellants Paresh Gope and Shatrughanj Gope have further been convicted separately under Sec. 436 I.P.C. and sentenced to undergo rigorous imprisonment for 10 years each. All the sentences aforesaid were directed against each of the appellants to run concurrently.
(2.) THE prosecution story as it stands narrated in the Fard Bayan of the informant P.W. 5 Prabhakar Gope was that a contract work for the construction of a culvert on the village road was given to his younger brother Kalipado Gope by the Block Development Officer, which was opposed by some villagers. On the date of reporting i.e. on 18.12.97 at about 4.45 p.m. all the appellants forming an unlawful assembly arrived at the site of construction near the culvert at the distance of only about 25 yards from his house and started filling up the pits. When Kalipado Gope opposed them from doing so, it was alleged that all the appellants surrounded him and began to assault him with specific attribution against the appellant Paresh Gope that he inflicted axe blow on his head as a result of which he fell down sustaining injuries. It was further alleged that then all the appellants attacked on the house cum shop of the informant by brick batting, is a result of which his old father Guhi Ram Gope, mother Robni Gavalin and the child Ramesh Gope sustained injuries. The informant added that the appellants damaged the articles of he shop and took away Rs. 150.00 in cash and from amongst them the appellants, Satrughan Gope and Paresh Gope set his thatched house on fire causing damage to the household articles. The police registered Chandankiyari (Bangana) P.S. Case No. 116 of 1997 on 18.12.1997 against all the 17 named accused persons on the statement of the informant and submitted charge -sheet against them (appellants) for the offence alleged,. It would not be out of place to mention that the injured Guhi Ram Gope succumbed his injuries after 27 days. The Sessions Judge, Bokaro framed the charge against all the 17 appellants under Sections 147,148,452,307/149, [302/149,427 I.P.C. Separate charge against the appellants Paresh Gope was framed under Sec. 324 I.P.C. and again with the appellant Shatrughan Gope under Sec. 436 I.P.C. The appellants pleaded not guilty and claimed to be tried.
(3.) THE prosecution had produced altogether 10 witnesses in order to establish the case. On the other hand, the appellants had produced only 4 witnesses in their defence. Besides, the prosecution proved the work order assigned to the witness Kalipad Gope Ext. 1. The certificate issued by the Ideal Nursing Home, Chas (Bokaro Steel City) dated 10.1.1998 in respect of treatment of Guhi Ram Gope was proved Ext. 2. Ext. 3 is the signature of the informant Prabhakar Gope on his Fard Bayan whereas the signature of the attesting witness of the Fard Bayan has been proved Ext. 3/1. The signature of the witnesses on the inquest report are Ext. 4 and 4/1. The postmortem report has been proved Ext. 5. The prosecution finally proved the injury report of Rawani Gwalin Ext. 6, Kalipad Gope Ex. 6/1 and Guhi Ram Gope Ext. 6/2. On the other hand, the requisition of the police to the Medical Officer, Primary Health Centre, Chandankiyari forwarded by the S.I. Sudhir Kumar Choudhary for the examination of victim Rawani Gwalin, Kalipad Gope and Guhi Ram Gope were proved on behalf of the defence and marked Ext. A, A/1 and A/2 respectively.;