IMPORTANT POINT
Conviction and sentence can be upheld where ocular evidence of injured is corroborated by medical evidence of doctor.

JUDGMENT

Ratnaker Bhengra, J.—This Criminal Appeal has been preferred against the judgment of conviction dated 3rd July, 2003 and order of sentence dated 4th July, 2003 passed by the Additional District & Sessions Judge, Fast Track Court No.-IV, Deoghar in connection with S.C. No. 358 of 2001/ S.T. No. 127 of 2002 arising out of Palajori P.S. Case no. 123 of 2000, whereby and where under appellants were convicted under section 148, 323/149, 324/149 and 447/149 of IPC. Appellants were sentenced to undergo S.I. for three months under section 148 of the Indian Penal Code, S.I. for three months under section 323/149 of the Indian Penal Code and S.I. for six months under section 324/149 of the Indian Penal Code and under section 447/149 of IPC a fine of Rs. 500/- each and in default of which the appellants were sentenced to undergo simple imprisonment for two months under section 447/149 IPC. All the sentences were directed to run concurrently.

2. A memo no. 765 dated 26.02.2019 has been received from S.P., Deoghar wherein it has been stated that appellants no. 3 Madhu Hari, appellant no. 5 Khushru Mandal, appellant no. 6 Jitendra Mandal and appellant no. 8 Lukhiram Hansda have died. Hence, appeal of these appellants stands abated.

3. The case of the prosecution as narrated by the informant Chandra Shekhar Singh in his written report dated 31-12-2000 is that on 31.12.2000 at about 2:00 p.m. at village Rangatanr the informant and his labourers were engaged in cutting paddy crops on his plot no. 265. In the meantime a mob from Koyari Tola, Mandal Tola and Jhajha Tola of village-Rangatanr armed with deadly weapons came there and surrounded him and asked his labourers to stop cutting paddy crops. All the labourers out of fear fled away from the scene and finding him alone, all the accused persons started abusing and assaulting him. Informant further stated that accused Baleshwar Hansda assaulted him with pointed portion of arrow on his head, Sarkar Soren and Chander Soren assaulted him with iron rods causing grievous injuries on the head and temporal region of the informant as a result of which the informant fell down. Madhu Hari, Hakim Hansda, Lukhiram Hansda and Puran Mandal armed with lathi and danda assaulted the informant with lathi and danda causing several injuries on left shoulder and waist of the informant. When accused persons were assaulting the informant, accused Jitendra Mandal, Khushru Mandal, Kaila Mahto and about 10-12 persons were instigating the mob to assault the informant. On hearing hulla, mother of the informant came there and requested the accused not to beat her son but she was also assaulted due to which she also sustained injuries. Thereafter, informant’s father along with few men rushed to the scene and on seeing them all the accused persons fled away with bundles of paddy crops and also threatened the informant with dire consequence.

4. On the basis of the written report Palajori P.S. Case No. 123 of 2000 was registered against the accused persons under sections 147, 148, 149, 447, 341, 323, 324, 307 and 379 of the Indian Penal Code. After completion of investigation charge sheet was submitted against the accused-appellants under sections 147, 148, 149, 447, 341, 323, 324, 307 and 379 of the IPC and cognizance of the offences were taken and the case was committed to the court of sessions for trial. Charges were framed against the accused persons under sections 148, 323/149, 324/149, 341/149, 447/149, 307/149 and 379/148 of the IPC. Trial was held and at the conclusion of the trial the accused or appellants herein were convicted and sentenced aforesaid. Hence, this appeal.

5. In order to prove its case, the prosecution has examined altogether 8 witnesses and 3 witnesses were examined as court witnesses out of whom C.W.1 Chandra Shekhar Singh is the informant of the case; P.W.1 Madan Mohan Singh is the father of the informant and P.W.2 Pramila Devi is the mother of the informant; P.W.3 is Amit Kumar; P.W