Kailash Prasad Deo, J. - (1.) Heard, Ms. Vani Kumari, learned Amicus Curiae appearing for the appellants and Mr. Sanjay Kr. Srivastav, learned Addl. Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 23.12.2003, passed by learned th Addl. Judicial Commissioner, Fast Track Court, Ranchi, in S.T. No.136 of 2000 (T.R. No.51 of 2003), whereby all the appellants have been held guilty for the offence punishable under Section 147 I.P.C. and awarded rigorous imprisonment for six months each and appellant Nos.1 to 4, namely, Aafindra Mahto, Jagat Mahto, Shankar Mahto and Ram Tahal Mahto have been convicted for the offence punishable under Sections 323/34 I.P.C. and awarded rigorous imprisonment for six months each and appellant no.5, Balgovind Mahto has been held guilty for the offence punishable under Section 325 I.P.C. and awarded rigorous imprisonment for three years.
(3.) The prosecution case is based upon the 'fardbeyan' of Jalindra Mahto (P.W.2), an injured, in presence of his brother, Fulchand Mahto, recorded by A.S.I., Narayan Ram at Ratu Hospital at 8.00 a.m. on 04.03.1999 (Thursday), alleging inter-alia, he is aged about 37 years, belongs to 'Koiri' Caste and doing cultivation. It is alleged that, on 03.03.1999 at around 8 p.m., the informant along with co-villager, Balchand Mahto went to the house of Fulchand Mahto and were taking meal. In the meantime co-villager Shankar Mahto came and he said that you people are doing black magic and thereafter Shankar Mahto having lathi in his hand, assaulted the informant, on his head causing bleeding injury. In the meantime, Bal Govind Mahto came and also assaulted the informant by means of lathi, on his left hand causing fracture. Due to assault made upon the informant, the informant fell down. In the meantime Jagat Mahto, Ram Tahal Mahto and Afindra Mahto, assaulted brother of the informant, Fulchand Mahto by means of lathi causing injury over his neck. From which blood was oozing, but the informant could not saw the weapon, through which such injury was caused. The informant has alleged, that both brothers fell down and became unconscious and because of the night and nonavailability of the means, they could not go to the police station and in the morning, they came to the Ratu Hospital, where treatment is going on;