- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 26-7-2000, passed by the learned Sessions Judge, Bokaro whereby the appellants were convicted for the offences under Sections 148 and Section 307 read with Section 149 of the I. P. C. and sentenced to imprisonment for five years.
(2.) TRIAL against the appellants had commenced on framing of charge against them for the aforementioned offences together with an additional charge for the offence under Section 326 of the I. P. C. against the appellants, namely Mohan Lal Gorain alias mohan Master and Dhannu Gorain. However, the trial Court did not find the accused/appellant Mohanlal Gorain alias Mohan master and Dhannu Gorain guilty for the offence under Section 326 of the I. P. C. and acquitted them from the charge. The F. I. R. was instituted on the basis of the Fard Beyaan of the informant, Bharat Gorain recorded at 10 A. M. on 12-1-1986 and registered as pindrajora P. S. Case No. 5 of 1986.
(3.) ACCORDING to the prosecution's case, in the morning of 12-1-1986 at about 5. 15 a. M. , when the informant's mother, Gunjia devi, went towards the village pond to attend the call of nature, she was accosted by the persons, total 14 in number, each of them variously armed with weapons, like 'lathis', spears and bow and arrow and tangis'. The accused Mohan Lal Gorain alias mohan Master is alleged to have dealt with a Tabla' (a sharp cutting weapon) on Gunjia devi, mother of the informant. At that time, the informant was washing his face in front of his house and on hearing and alarms of his mother, he along with his wife, Upasi, devi, sister-in-laws, Pato Bala and Masuri devi, father, Lakhan Gorain and brothers, prafulo Gorain and Pran Krishna Gorain ran towards the pond to rescue the informant's mother. It is alleged that the accused Mohan gorain assaulted the informant's wife, Upasi devi with- Tabla while Dhanu Gorain assaulted Masuri Devi with an arrow and the rest of the accused persons assaulted the other members of the informant's family with lathi, Bhala and Tabla etc. The accused asutosh Gorain and Kalachand Gorain are alleged to have assaulted the informant with stones. Before the villagers could arrive, the assailants left the place. The injured persons were taken to the Hospital for their immediate treatment by the co-villagers, namely Naavin Chandra Thakur, Mahabir gorain, Badal Ram and others. It was at the hospital that the Fard Beyan of the informant, Bharat Gorain was recorded by the police Officer.;