K P Deo, J. - (1.) The instant Criminal Appeals have been preferred against a common judgment of conviction dated 06.11.2003 and order of sentence dated 10.11.2003, passed by learned Additional District and Sessions Judge, Fast Track Court- VIII, Giridih, in S.T. No. 289 of 1992, whereby Murli alias Banwari Thakur alias Banwari Hazam has been convicted for the offence punishable under Sections 307, 324 and 148 of the Indian Penal Code and has been awarded sentence to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code and rigorous imprisonment for one year each under Sections 148 and 324 of the Indian Penal Code. The appellants in Cr. Appeal (SJ) No. 1707 of 2003 namely Kripa Thakur, Gulab Thakur, Wazir Thakur, Puran Thakur, Dhanusdhari Thakur and Baso Thakur have been convicted under Section 323 of the Indian Penal Code and have been awarded sentence to undergo rigorous imprisonment for six months each. Further all the appellants/accused persons charged for the offence under Section 452 of the Indian Penal Code and learned Trial Court has acquitted all the appellants/accused persons from the charge of offence under Section 452 of the Indian Penal Code.
(2.) The prosecution case is based upon the fardbeyan of Sri Prakash Sao recorded by the police at State Hospital, Jamua on 30.01.1991 at 9.30 hrs. the informant has alleged that at around 5.30 hours, while he was sleeping in his house and his brother Suresh Saw (P.W. 3) was sleeping in his house. In the meantime, his mother and Puran Hazam were plucking the leaves of banyan tree, for that some altercation took place and thereafter the informant's wife informed the informant upon which informant went to his another house and called his brother, Suresh Saw. In the meantime, Murli Thakur, Wazir Thakur, Gulab Thakur, Puran Thakur, Dhanurdhari Thakur, Baso Thakur, Kripa Thakur and 4-5 unknown persons of village Manakadiha, P.S. Jamua, District- Giridih came with lathi, bhalla, sword. The informant said that both the brothers fled away and entered into their house but the accused persons also entered into their house and assaulted them. Murli Thakur having sword said that kill him and thereafter assaulted informant's brother Suresh Saw by means of sword, on his head. Suresh Saw fell down on the ground and thereafter other accused persons assaulted the informant and his mother causing injury. After Suresh Saw fell down all the accused persons assaulted Suresh Sao brutally. The co-villager, Pramod Rana, Baleshwar Rana and Doman Rana have witnessed the occurrence, who will say about the occurrence. The informant has alleged that the occurrence took place as informant has purchased two acres of land from daughter of Khoso Thakur, which the accused persons wanted to grab and because of that, the accused persons having deadly weapons entered into the house and assaulted the informant, informant's brother and mother. On the basis of the written report the police registered Sadar Giridih P.S. Case No. 15 of 1991 dated 30.01.1991 under Sections 147, 148, 149, 448, 323, 324, 307 of the Indian Penal Code and after investigation the police submitted charge-sheet vide No. 22 of 1991 dated 25.02.1991 against all named accused persons, under Sections 147/ 148/ 149/ 448/ 323/ 324/ 306 of the Indian Penal Code. The cognizance of the offence has been taken vide order dated 25.03.1991 and the case has been committed to the court of sessions vide order dated 23.09.1992. The charge has been framed against all the six accused persons of Criminal Appeal (SJ) No. 1707 of 2003 namely Wazir Thakur, Gulab Thakur, Puran Thakur, Dhanushdhari Thakur, Baso Thakur and Kripa Thakur under Sections 323 and 148 of the Indian Penal Code. So far Murli alias Banwari Thakur alias Banwari Hazam is concerned, he has been also charged under Sections 307, 324 and 148 of the Indian Penal Code, and all seven accused have been separately charged under Section 452 of the Indian Penal Code on 25.08.1993, to which the appellants pleaded their innocence and thus they were put under trial.
(3.) The prosecution has examined altogether six witnesses. Karu Mahto has been examined as P.W. 1, Doman Ram has been examined as P.W. 2. They are independent eye-witnesses to the occurrence. P.W. 3, Suresh Sao is the injured and brother of the informant. P.W. 4 is Dropati Devi, she is the mother of informant and injured person. P.W. 5, Prakash Sao is the informant and injured witness to the case. Dr. Mukund Prasad Choudhary P.W. 6 is the medical officer, who has examined all the three injured and have proved the injury report of Prakash Sao (informant) as Exhibit- 2. Injury report of Suresh Sao (brother of the informant) as Exhibit- 2/a and injury of Dropati Devi, mother of the informant as Exhibit- 2/b. The prosecution has only proved two exhibits, the signature of the informant on the First Information Report has been proved and marked Exhibit-1 and the injury report of Prakash Sao, Suresh Sao and Dropati Devi has been marked as Exhibit-2 series.;