Kailash Prasad Deo, J. - (1.) Heard, Mr. Rajiv Lochan, learned counsel for the appellants and Mr. Mukesh Kumar, 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 28.06.2003, passed by the learned 1st Addl. Sessions Judge, Jamtara, in Sessions Case No.414 of 1992/ 143 of 2001, whereby appellants, Mansingh Marandi, Debeshwar Marandi and Guwashwar Marandi have been convicted under Sections 324/ 148 I.P.C. and appellants, Musai Marandi, Mallik Marandi and Parmeshwar Marandi have been convicted under Sections 323/ 148 I.P.C. The learned trial court has awarded the convicts, Debeshwar Marandi, Guwaeshwar Marandi and Mansing Marandi to undergo rigorous imprisonment for 2 years each for the offence committed and punishable under Section 324 I.P.C. and rigorous imprisonment for six months for the offence committed and punishable under Section 148 I.P.C. The learned trial court has also awarded the convicts, Musai Marandi, Mallik Marandi and Parmeshwar Marandi, to undergo rigorous imprisonment for six months each for the offence committed and punishable under Section 323 I.P.C. and rigorous imprisonment for six months for the offence committed and punishable under Section 148 I.P.C. All the sentences are directed to run concurrently. The period of detention in jail during investigation and trial of the case, would be set off under Section 428 Cr.P.C.
(3.) The prosecution case is based upon the written report submitted by the informant, Sahdeo Marandi (P.W.1) before the Officer-in-charge, Bindapathar Police Station on 21.07.1991, alleging therein that at 7.00 a.m. in the morning while he along with others was ploughing his field, the accused persons, namely, Mansingh Marandi, Debeswar Marandi, Musai Marandi, Mallik Marandi, Parmeshwar Marandi, and Guwashwar Marandi armed with lathi ,danda and knife, asked the informant why they are cultivating the land, as the case related to the land is pending in the Court, upon which hot exchange of words took place and thereafter the accused persons assaulted the informant, his sister and brother by means of lathi, danda and knife. On brawl, covillagers, Lakhi Ram Marandi, Dulu Marandi and Shivlal Marandi came for rescue and thereafter the accused persons fled away. On the basis of the written report of the informant, the Police instituted Bindapathar P.S. Case No.63 of 1991 dated 21.07.1991 under Sections 147/ 148/ 323/ 337/ 324 I.P.C.;