JUDGMENT

S.B. SINHA, J.- Bhadsa is a small village situate at a distance of 12 km d from the district headquarters known as Purulia in the State of West Bengal. On 1-12-1982, Prankrishna, the deceased and Chepulal (PW 14) heard some sounds coming from the side of their Shivatara land situate, in the said village. They informed their brother Nepal Mahato (PW 25) about the same. They also informed Haradhan Mahato (PW 2) and who in turn informed Subhas Mahato (PW 13). When the three brothers were proceeding towards e their land, Sambhu Mahato (PW 1) met them on the road. When they reached near the land in question, being Plot No. 550, they found that some persons were engaged in cutting of paddy therefrom. Nilkantha, Bhiswa alias Bishna, Manmath alias Mathan, Kalipada, Bulu, Patal, Lalbas, Haralal, Ramanath, Majhi, Chinibas alias Srinibas (Accused 1 to 11 respectively) were standing on the ail (ridge on the agricultural land). The accused persons were f variously armed. They were asked not to cut paddy but they did not pay any heed thereto. Altercations started. All of a sudden, Bulu (Appellant 3) threw an arrow which struck Nepal Mahato (PW 25). They also exhorted shouting "marsaladiga". The complainant party retreated to some extent. They were chased near the bed of the tank called "uppar bundh". Nepal Mahato (PW 25) was surrounded by the accused. He was hit on his left leg with tabla by Mathan whereas Haralal hit him with a tabla on his back. Bhiswa 9 (Appellant 1) assaulted on his head with a lathi. He fell down on the ground whereupon Patal struck him with a sword causing injury on his hand. Ramanath and Nilkantha assaulted him with lathies. Prankrishna, the deceased rushed to save his younger brother whereupon he was assaulted by Mathan on his right leg with tabla and by Bhiswa with lathi. Sambhu Mahato protested to such assault on the deceased whereupon Lalbas assaulted him h with a lathi. Kalipada (Appellant 2) and Nilkantha and Bhiswa (Appellant 1) exhorted that he should be finished whereupon Ramanath took a tabla from Haralal and struck the deceased on his neck. The deceased succumbed to his injuries. Further, Bulu threw arrow which struck Chepulal at his head and Kalipada gave order to finish him whereupon Nilkantha assaulted Sambhu (PW 1) and Chepulal (PW 14) with lathies in their hands.

2. Sambhu Mahato (PW 1) came to the district town of Purulia to hire a vehicle for shifting the injured persons to Purulia Sadar Hospital. In the meantime, the Officer-in-charge (PW 28) of Police Station Purulia received a telephonic message that some incident had taken place in the village. He entered the said information in the diary being GD Entry No. 17. He thereafter reached the village roundabout at 11.40 a.m. and noticed the dead body of Prankrishna, the deceased lying at the eastern extremity of the said tank. J.L. Pahari, a Sub-Inspector of police who accompanied the Officer-in-charge held the inquest on the dead body. Nepal Mahato (PW 25), who was lying unconscious, was brought to Purulia Hospital in the hired vehicle. He was accompanied by Chepulal Mahato. Nepal Mahato was admitted in the said hospital. Sambhu Mahato and Chepulal thereafter went to the police station and lodged a first information report.

3. Upon completion of the investigation, 11 persons named in the first information report were charge-sheeted for commission of various offences.

4. It is also not in dispute that one of the accused, namely, Mathan also sustained injuries on his person. The defence of the appellants and the other accused was that they were the owners of Plot No. 550 of the said village wherein as one of them was attacked and sustained injuries, they exercised the right of private defence.

5. The learned trial Judge acquitted the appellants and others for commission of all offences except one under Section 148 IPC inter alia holding that: (i) the eyewitnesses cannot be relied upon as injury of Mathan (Accused 3) had not been explained by th