Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants Mr. Satish Kumar Ughal assisted by Mr. Kiran Choubey, Advocates as well as learned counsel for the State, Mr. Sanjay Kumar Pandey, Additional Public Prosecutor assisted by learned counsel for the informant Mr. Vijay Kumar Roy, Advocate.
(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence both dated 20.12003 passed by learned Additional District and Sessions Judge, 1st (Fast Track Court), Giridih in S.T. Case No. 37 of 2001, whereby the learned Additional District and Sessions Judge 1 st Fast Track Court, Giridih has convicted all the four appellants namely Rameshwar Rai, Prakash Rai, Umesh Rai and Sudhir Rai by the impugned judgment. So far as Rameshwar Rai (appellant No. 1) is concerned, he has been convicted for charge under Section 324/448 of the Indian Penal Code and has been awarded rigorous imprisonment for six months for offence punishable under Section 448 of the Indian Penal Code and rigorous imprisonment for two years for offence punishable under Section 324 of the Indian Penal Code respectively. Appellant no. 2 (Prakash Rai) has been convicted under Section 324/448/380 of the Indian Penal Code and awarded rigorous imprisonment for two years for offence punishable under Section 324 of the Indian Penal Code and rigorous imprisonment for six months for offence punishable under Section 448 of the Indian Penal Code and rigorous imprisonment for two years for offence punishable under Section 380 of the Indian Penal Code. Umesh Rai (Appellant No. 3) has been convicted for charge under Section 323/448/380 of the Indian Penal Code and has been awarded six months rigorous imprisonment under Section 448 of the Indian Penal Code, six months imprisonment under Section 323 of the Indian Penal Code and rigorous imprisonment for two years under Section 380 of the Indian Penal Code. Sudhir Rai (appellant no. 4) has been convicted for charge under Section 326/448 of the Indian Penal Code and awarded rigorous imprisonment for seven yeafs for offence punishable under Section 326 of the Indian Penal Code and further rigorous imprisonment for six months under Section 448 of the Indian Penal Code and all the sentences are directed to run concurrently. Being aggrieved by the said impugned judgment of conviction and order of sentence, all the four appellants have preferred the instant criminal appeal before this Hon'ble Court on 08.01.2004 which has been admitted on 01.04.2004 and provisional bail granted to the appellants, Rameshwar Rai, Prakash Rai, Umesh Rai have been confirmed on 01.04.2004 by this Hon'ble Court. Lower court record was called for vide order dated 01.04.2004 for consideration of suspension of sentence of appellant no. 4 Sudhir Rai, which was considered by this Hon'ble Court on 14.05.2004, on that date bail was granted suspending his sentence. Since then the matter is pending before this Hon'ble Court.
(3.) Briefly stated, the prosecution case is based upon the fardbeyan of Janardan Rai (RW. 4) recorded by Rameshwar, Officer-in-charge, Deori Police Station at 9.00 a.m. at Primary Health Centre, Deori whereby the informant has stated that while he was ploughing his field along with his brother, Shiv Shankar Rai on 25.06.2000 at around 7.00 a.m, co-villagers and his agnates Sudhir Rai, Prakash Rai, Umesh Rai, all sons of Rameshwar Rai and Rameshwar Rai came with sword, lathi, bhala, barchha and threatened both the brothers with dire consequences. The informant has said, that both brothers (Janardan Rai and Shiv Shankar Rai) fled away under fear and came to their house but were followed by the accused persons and in the courtyard of the informant accused persons assaulted them, due to which the informant and his brother became unconscious. Thereafter Umesh Rai and Prakash Rai entered into the house and took out two boxes. The informant has further stated, that because of assault, he sustained fracture in his ieg and his brother also sustained injuries on the head, leg and other parts of the body. The informant and the injured were brought by the co-villagers to the Primary Health Centre, Deori, where treatment is going on. The informant has stated that occurrence took place because of distribution of land between the agnates.;