RATNAKER BHENGRA,J. - (1.) This criminal appeal is directed against the judgment of conviction and sentence dated 27.6.2003 passed by the learned Court of 4th Additional Sessions Judge, Hazaribagh, passed in Sessions Trial No. 336 of 1994 arising out of Barhi P.S. Case No. 184 of 1994, corresponding to G.R. Case No. 1515 of 1994, whereby and where-under the learned court below convicted all the appellants under sections 147, 148 and 323 of 149 of the Indian Penal Code and sentenced them to undergo R.I. for one year under section 147, R.I. for two years under section 148 and R.I. for six months under section 323 of 149 of the Indian Penal Code. All the sentences were ordered to run concurrently.
(2.) The case of the prosecution as alleged in written report filed by P.W. 6, Jugal Kishor S/o Late Lilchand Ram, resident of village Koriadih, P.S.-Barhi, District-Hazaribagh in brief is that on 7.8.1994 at about 7.00 a.m., morning Jugal Kishor (informant), Damodar Nath, Jageshwar Prasad, Sachidanand Prasad and Tarkeshwar Prasad were grazing their respective cattle at Nima Tanr. In the meantime all the accused persons armed with Lathi, Tangi and Bhala arrived at the alleged place of occurrence. All the accused persons were saying the informant and others to withdraw the case against them and started assaulting them. It is further alleged that one Tangi blow was given on the head of the informant and to save himself he sustained injury on his nose and blood started oozing from the said injury. Thereafter, the accused persons had also assaulted Damodar Nath, Jageshwar Prasad, Sachidanand Prasad and Tarkeshwar Prasad by Tangi and Lathi on their head as such they had sustained several injuries on their person. It is further alleged that Parmeshwar Mahto, Tiko Mahto and Narayan Mahto intervened into the matter, thereafter all the accused persons fled away. On the basis of written report a formal F.I.R. was lodged and a case was registered vide Barhi P.S. Case No. 184 of 1994 under sections 147, 148, 149, 307, 323 and 324 of Indian Penal Code against all the accused persons.
(3.) The Police after investigation submitted charge sheet under sections 147, 148, 149, 307, 323 and 324 of the Indian Penal Code against the accused persons. The learned court after taking cognizance of this case, committed the case to the court of sessions.;