Kailash Prasad Deo, J. - (1.) Heard, Mr. A. K. Sahani assisted by his junior counsel, Mr. Pankaj Verma appearing for the appellants and Mr. Krishna Shankar, learned Addl. Public Prosecutor appearing for the State.
(2.) Both the aforesaid Criminal Appeals are arising out of G.R. No.51 of 1988 and they have common set of evidence, but the appellant, Sadai Mahto [in Cr. Appeal (S.J.) No.1665 of 2003] absconded after his statement was recorded under Section 313 Cr.P.C. and thus, his case was separated from S.T. Case No.115 of 1993 to S.T. Case No.115 (A) of 1993. It is relevant to state here that the judgment of conviction has been passed on 06.05.2003 and order of sentence on 08.05.2003, passed by the learned Addl. Sessions Judge, Fast Track Court-3rd, Bokaro in S.T. Case No.115 of 1993 so far appellants, Madan Mahto and Vinod Mahto are concerned and judgment of conviction and order of sentence, both dated 29.10.2003, passed by the learned Addl. Sessions Judge, Fast Track Court-3rd , Bokaro, in S.T. Case No.115 (A) of 1993, so far the appellant, Sadai Mahto is concerned, as such, both the appeals, though being the separate judgment, but arising out of same G.R., having common evidence decided by the same Presiding Officer, are being heard together and disposed of by this common judgment. By the impugned judgment of conviction in their respective cases, both the appellants in Crl. Appeal (SJ) No.842 of 2003 have been convicted for commission of offence under Sections 324/34, 323/34 and 341/34 of the Indian Penal Code and awarded rigorous imprisonment for two years for conviction of offence under Section 324/34 I.P.C. They have further been awarded sentence of for six months each under Sections 341/34 and 323/34 I.P.C. Further, the appellant in Crl. Appeal (SJ) No.1665 of 2003 has been convicted for commission of offence under Sections 324 and 323 I.P.C. and awarded rigorous imprisonment for two years under Section 324 read with 34 I.P.C. and rigorous imprisonment for six months under Section 323/34 I.P.C. All the sentences are directed to run concurrently. Being aggrieved by the impugned judgment of conviction and order of sentence, the present Criminal appeals have been preferred by the appellants, Madan Mahto and Vinod Mahto in Cr. Appeal (SJ) No.842 of 2003 and appellant, Sadai Mahto in Cr. Appeal (SJ) No.1665 of 2003.
(3.) The prosecution case, is based upon the basis of 'fardbeyan' of Jagarnath Mahto, recorded by the Police officer of Chandankyari Police Station on 19.01.1988 at 10.00 Hrs., wherein the informant has alleged that on 19.01.1988 at around 7.00 a.m., while he was going to leave his buffaloes in the field after untieding them, the accused persons, namely, Madan Mahto, Vinod Mahto along with Sadai Mahto armed with 'Garasa' and lathi, surrounded the informant and Vinod Mahto said that today he will not leave the informant and after killing him, his dead-body will be thrown. Thereafter, Madan Mahto having 'Garasa' in his hand assaulted the informant, on his head, due to which the informant fell down on the ground and thereafter, the other accused persons, Sadai Mahto and Vinod Mahto indiscriminately assaulted the informant by means of lathi. In the meantime, co-villagers, Arjun Mahto, Ramchandra Mahto and others came running over the place and asked the accused, not to commit such offence and thereafter the accused persons considering the informant to be dead, fled away. The informant regained his consciousness, when he was being carried out by his wife, Chabi Mahtain by bullock-cart and she (wife of the informant) was crying. The informant has sustained injuries on the head, hand, leg, back, mouth and lips. The informant has alleged that, accused persons are trying to grab his bari land which was objected by the informant. The accused persons with common intention brutally assaulted the informant with 'Garasa' and 'Lathi'. On the basis of the aforesaid 'fardbeyan' of informant, Jagarnath Mahto the Police instituted First Information Report being Chandankiyari P.S. Case No. 8 of 1988 dated 19.01.1988, corresponding to G.R. No.51 of 1988 under Sections 324, 323, 341,307/34 of the Indian Penal Code.;