JAYA ROY, J. - (1.) THE Criminal Appeal No. 624 of 2004 has been filed by the aforesaid five appellants against the judgment dated 26.3.2004 and sentence dated 29.3.2004 passed in S.T. No. 76 of 2002/126 of 2003 by Sri Jaiprakash Narayan Pandey, Additional Sessions Judge, F.T.C. -II, Bokaro, whereby they have been convicted under Sections 147/448/342/323/307/149 I.P.C. and sentenced to undergo R.I. for one year for the offence under Section 147 I.P.C, R.I. for one year for the offence under Section 448 I.P.C, R.I. for six months for the offence under Section 323 I.P.C, R.I. for six months for the offence under Section 342 I.P.C. and they have been further sentenced to undergo R.I., for seven years for the offence under Sections 307/149 I.P.C. They have been also sentenced to pay a fine of Rs. 1,000/ - each, in default of payment of fine, they have been directed to serve simple imprisonment for one month, All the sentences have been directed to run concurrently.
(2.) THE Criminal Appeal No. 646 of 2006 has been preferred by the appellant Inder Gope against the aforesaid judgment whereby he has been convicted under Sections 148/448/326 and 307 I.P. C. and he has been sentenced to undergo R.I. for ten years for the offence under Section 307 I.P. C. and to undergo R.I. for two years for the offence under Section 148 I.P.C. and further R.I. for one year for the offence under Section 448 I.P.C. No separate sentence has been awarded for the offence under Section 326 I.P.C. He has been further and in default of payment of fine, he has been directed to serve simple imprisonment for two months. All the sentences have been directed to run concurrently. The prosecution case, in brief, is that the fardbeyan of the informant, who is the victim himself namely Anil Goswami has been recorded at Nilam Nursing Home, Jodadih More, Chas, wherein he has stated that when he came back to his house at 5.30 P.M. on 13.10.2000 after the rendition of Laxmi Puja, at that time, the accused persons namely Inder Gope, Dhaneshwar Gope, Kharu Gope, Gautam Gope, Jangru Gope, Hari Gope had suddenly entered into his house, caught him and forcibly dragged him into their house and after that Dhaneshwar Gope, Gautam Gope, Jangru Gope, Kharu Gope and Hari Gope with held him and Inder Gope with the intention to kill, assaulted him with a Katra (a sharp cutting weapon), as a result of which his left hand was cut fully and only the skin remained intact by which his hand was hanging. The informant screamed for help and his family members wanted to save him but they were threatened by the accused persons with dire consequences. On this fardbeyan, a case was registered against the aforesaid accused persons and after investigation the police submitted charge -sheet against all of them. Thereafter, charges for the offence under Sections 148/323/307/448 I.P.C. were framed against the accused Inder Gope and in respect of other accused persons, charges for the offence under Sections 147/342/34323/307/149 and 448 I.P.C. were framed.
(3.) DEFENCE of the accused persons was that they have been implicated in this case falsely, the informant himself is a criminal and he is involved in several criminal cases, Further defence of the accused persons was that the informant of this case had kept the wife of Inder Gope namely Shanti Devi as his concubine which was objected by the accused Inder Gope and for that a Matrimonial case was lodged for separation between Inder Gope and his wife in which the informant has given evidence in favour of the wife of Inder Gope. Similarly, another case was lodged for the offence under Section 497 I.P.C, against the informant in this regard and ultimately, the informant has been convicted in the said case and due to this enmity, the informant has filed this case against the aforesaid accused persons.;