Ratnaker Bhengra, J. - (1.) The present appeal is directed against the judgment of conviction and order of sentence, dated 11.03.2003 passed by Sri H.P Chakravarty, Additional Judicial Commissioner-cum-Special Judge-VIth C.B.I. ( A.H.D. ) Ranchi in S.T. Case No. 716 of 1998 whereby and whereunder the learned Additional Judicial Commissioner-cum-Special Judge convicted all the appellants under sections 324 read with 149 of the Indian Penal Code and sentenced them to undergo R.I. for six months and also convicted all of them under sections 148 and 341 of the Indian Penal Code but no separate sentence was passed under those sections.
(2.) The prosecution case as stated in the written report of Goanda Oraon son of Late Mangra Oraon of village-Saheda, police station-Lapung, District-Ranchi is that on 11.03.1998 at around 12.30 p.m., during that time, he was about half km. south , away from his village and cutting one Black Berry ( Jamun) tree for utilizing in making of house. Balo Gope and son of Garhwa Bhagat were cutting the tree. One of his relative who had come to visit him, namely, Balbir Oraon of village -Fuli, P.S.-Itki was also standing beside. Just then, Suka Pahan Somra Pahan, Kanhuwa Pahan, Kashi Pahan, Bilu Pahan, Ledo Pahan, Jaur Pahan and Gandru Pahan all armed with rods and axes came there and questioned as to why the tree was being cut and started assaulting them. Due to the assault, his relative Balbir Oraon was injured and fell down there and he too was injured. However, he somehow saved himself and managed to flee away. The incident was witnessed by Arjun Gope, Sohar Gope, all from police station Lapung.
(3.) On the basis of aforesaid written report, Lapung P.S. Case No. 11 of 1998 corresponding to G.R. No. 561 of 1998 under sections 144,149,323 and 341 of the Indian Penal Code was instituted. After completing the investigation, police submitted charge sheet against the appellants u/Ss. 147, 148, 323, 325, 307 and 341 of the Indian Penal Code, against all the accused persons. Thereafter the cognizance was taken and the case was committed to the court of sessions.;