Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants Mr. Lakhan Chandra Roy and learned counsel for the State, Mrs. Niki Sinha, learned Additional Public Prosecutor and learned counsel for the Informant, Mr. Manoj Kumar Sah.
(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 112003 and order of sentence dated 17.12003 passed by 4th Additional Sessions Judge. (Fast Track Court No. 1), Godda in Sessions Case No. 217/86/18/2002 whereby four appellants have been convicted by the learned Trial Court for offence punishable under Section 307/149 of the Indian Penal Code, and appellants no. 2, 3 and 4 have also been convicted under Section 147 of the Indian Penal Code. No finding with respect to Section 323 of the Indian Penal Code has been given, as the appellants have already been convicted Tor offence under Section 307/149 of the Indian Penal Code and awarded rigorous imprisonment for five years for the offence under Section 307/149 of the Indian Penal Code and rigorous imprisonment for one year for the offence punishable under Section 147 of the Indian Penal Code and Dildar Hussain Appellant no. 1 has been awarded two years rigorous imprisonment for offence under Section 148 of the Indian Penal Code. All the sentences are directed to run concurrently, the period already undergone in jail by the appellants will be set-off from their respective sentences. Being aggrieved and dissatisfied with the impugned judgment of conviction and order of sentence, the present criminal appeal has been preferred on 05.01.2004 by four appellants which 25-31, August, 2018 was admitted on 02.04.2004 by suspending their sentences and releasing them on bail. Since then, the matter is pending before this Hon'ble Court. During pendency of the appeal, appellant no. 1 Dildar Hussain died on 17.07.2007. The instant criminal appeal so far appellant no. 1, Dildar Hussain is concerned is abated and the present-appeal is only pressed on behalf of appellant no. 2 Arsad Hussain, appellant no. 3 Abul Hussain and appellant no. 4 Tunnu @ Mister Mian, who have been convicted under Section 307/149 of the Indian Penal Code and under section 147 of the Indian Penal Code.
(3.) Brief facts as stated in the prosecution case is that on 26.10.1984 at around 8.30 a.m. in the village Marua Baran Bahiyar within P.S. Godda town, District Godda, accused persons armed with sword, bhala, barchha formed unlawful assembly for committing riot and on the order of Dildar Hussain to finish the informant and others. Dildar Hussain having barchha in his hand assaulted Panchu Mian (informant) on his left arm due to which, Panchu Mian sustained bleeding injury. Arsad Hussain, Abul Hussai and Tunnu@ Mister M ian assaulted Panchu Mian on his right shoulder and head, when Shamim Mian, nephew of the informant came for rescue Panchu Mian, he was also assaulted by Dildar Hussain by barchha and Raju Mian by sword and rest three accused persons (appellants) by lathi. It is alleged that on brawl, Md. Ibrahim. Ahmad Mian, Ulfat Mian and Khutul Tiwari came for rescue but in the mean time, accused persons fled away. It is stated by the prosecution, that Shamim and Panchu Mian had came there to see their paddy crop, when Ibrahim and others came there. Dildar snatched wristwatch of the informant (Panchu Mian) and Raju Mian has taken money from his pocket. The informant has further stated, that they were brought to the police station, from there they have been sent to the hospital for treatment. Shamim Mian, nephew of the informant who has sustained injury because of the barchha and sword has been referred to Bhagalpur Government hospital by the doctor, and Panchu Mian has been treated at Godda Hospital. The informant has claimed that the accused persons have tried to take away their crops standing in the field. On the basis of the written report submitted by Md. Panchu, the police registered Godda town P.S. Case No. 205 of 1984 under Section 147, 148, 149, 447, 323, 324, 307 and 379 ofthe Indian Penal Code against five accused persons and after investigation submitted charge sheet vide no. 138 of 1984 dated 27.12.1984 under Section 147, 148, 149, 447, 323, 324, 307/379 of the Indian Penal Code. ;