Kailash Prasad Deo, J. - (1.) Heard, learned Amicus Curiae, Mr. Rahul Dev, advocate and Mrs. Lily Sahay, learned Addl. Public Prosecutor appearing for the State.
(2.) The instant criminal appeal is directed against the Judgment of conviction dated 05.01.2004 and order of sentence dated 06.01.2004, passed by the 5th Additional District and Sessions Judge, Dumka (F.T.C.), in Session Case No.67 of 1999, whereby, the appellants Lakhi Yadav, Naresh Kumar Yadav, Mangal Nand Yadav, Jit Narayan Yadav, Nanku Mahto, Bishun Pd. Yadav, Dineshwar Yadav, Naresh Yadav, Bishwanath Yadav, Jeetu Mahto, Hari Kishore Yadav, Yugal Kishore Yadav, Roop Narayan Yadav, Birsa Yadav and Deo Narayan Yadav have been convicted under Sections 147 and 307/149 of the I.P.C. and awarded sentence to undergo one year of rigorous imprisonment for the offence committed and punishable under Section 147 I.P.C. and further five years of rigorous imprisonment and fine of Rs.3000/- for the offence committed and punishable under Sections 307/149 I.P.C, and in default of payment, of fine, to further undergo simple imprisonment for three months. Appellants Babulal Yadav, Nundeo Yadav, Hilu Yadav, Girjanand Yadav and Rameshwar have been convicted under Sections 148 and 307/149 I.P.C. and awarded sentence to undergo rigorous imprisonment for two years for the offence committed and punishable under Section 148 I.P.C. and further five years of rigorous imprisonment and fine of Rs.3000/-, for the offence committed and punishable under Sections 307/149 IPC and in default of payment of fine, to further undergo simple imprisonment for three months. All the sentences are directed to run concurrently and the period already undergone in custody during trial will be set off under Section 428 Cr.P.C.
(3.) The prosecution case is based upon the fardbeyan of informant Balram Yadav (P.W.10), before the Officer In-charge, Saraiyahat Police Station, on 22.06.1997 alleging therein that, while the informant alongwith his father Jaikrishna Yadav, mother Makka Devi and brother Babumani Yadav were cultivating their field i.e. plot no.208, at around 7:00 A.M., meanwhile co-villager Lakhi Mahto (appellant no.8) saw them, raised alarm and began to call Babulal, Rameshwar, Bhuneshwar and Nundeo to come with lathi and bhala and also call their other party men, as Balram alongwith his father, mother and brother are forcibly cultivating the land and have uprooted the paddy seedlings from the plot, upon which Babulal Mahto having barcha, Bhuneshwar Mahto having lathi, Nundeo Mahto having farsa, Rameshwar Mahto having bhala and Birsa Mahto having lathi raised hulla and came running over the place of occurrence followed by Naresh yadav having lathi, Hari Kishore Mahto having lathi, Hilu Mahto having tangi in their hands. Mangal Mahto, Nanku Mahto, Dineshwar Mahto and Jitu Mahto also followed them. Co-villagers Naresh Mahto having lathi, Jitnarayan Mahto and Dev Narayan Mahto having lathi and Girja Mahto having tangi also came to the place of occurrence. Babulal assaulted the father of informant by means of bhala, on his head, which entered into the head of the father of the informant, as the father of informant was repairing his ploughing instrument. Nundeo Mahto assaulted the brother of informant on head by means of farsa, causing bleeding injury. Meanwhile, Rameshwar Mahto gave bhala blow to the informant but informant save himself, which hit on the shoulder of the brother of informant causing bleeding injury. Girja Mahto assaulted the informant on his left wrist by means of tangi, rest of the accused persons have also assaulted prosecution parties by means of lathi, fist and slaps, causing injury upon them, they raised alarm, on hearing alarm, co-villagers namely Ratheswar Yadav, Ramjeevan Yadav, Giro Yadav, Harinath Yadav, Shankar Prasad Yadav, Raghunath Yadav, Rohan Mahto and Shiro Mahto came there and witnessed the occurrence and tried to save the prosecution party. Meanwhile, Rameshwar Mahto by taking benefit of time, snatched the golden earing of the mother of informant worth Rs.2000/- each, Bhuneshwar Mahto snatched silver chain (20 Bhar) from the neck of mother of the informant worth Rs.1600/-. When brother-in-law of the informant (Triveni Yadav) came for rescue, his wrist watch was also taken by Girja Mahto. Thereafter, all the injured along with informant went to the Police Station for lodging First Information Report.;