PRADIP KUMAR MOHANTY,C.J. - (1.) (C.A.V.) - Pradip Kumar Mohanty, C.J. All the appellants stood convicted for committing the offence under Sections 324 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 2 years. The aforesaid judgment of conviction and order of sentence has been passed by the Additional District and Sessions Judge, Fast Track Court No. I, Gumla vide order dated 27.03.2004 and 29.03.2004 respectively, in Sessions Trial No. 2 of 1997, (arising out of Chainpur P.S.Case No. 35 of 1995, corresponding to G.R. No. 804 of 1995).
(2.) Though this case was to be heard by the Single Bench as per Jharkhand High Court Rules as all the appellants have been convicted for the offence under Section 324 of the Indian Penal Code and they have been sentenced to undergo R.I. for 2 years, but, since there is case and counter case arising out of the same offence in which the informant of the present appeal is accused in other appeal [Cr. Appeal(DB) No. 724 of 204] and has been convicted for the offence under Section 302/34 and has been sentenced to undergo imprisonment for life and whose appeal lies before the Division Bench, this appeal was directed to be heard by the Division Bench along with Cr. Appeal(DB) No. 724 of 2004.
(3.) A first information was lodged on the basis of the fardbeyan of the informant Irniyus Tigga (PW9) on 10.11.1995, stating therein that on the same day in the morning he, along with his wife Bibiyani Tigga, daughter Manjila Tigga and son Mohan Tigga, Nicolas Tigga, Iiginus Tigga, Ajit Tigga, Apolina Tigga, went to their field (Dumar Done) for cutting paddy crop. When they were cutting crop meanwhile resident of their village Balasuis Kujur, Rafail Kujur, Arun Kujur, Michal Tigga, Atwa Mahto, Elisaba Kujur, Saniyaro Kujur, Bhikhu Rawatia, Anil Oraon and Albert Ekka came there variously armed with Gulel, Danda, Bow and Arrow, Tangi etc. and started assaulting them. Rafail Kujur assaulted him with Tangi on his right back, Balasuis Kujur and Arun Kujur assaulted Nicolas and when Eigniuis Tigga tried to save him, he was also assaulted by both by means of Tangi and Danda on his hand. Nicolas snatched the Danda from Arun then Anil Oraon started running then all fled away and straightway came to Chainpur Hospital for treatment;