Jitendra Kumar, J.—The present appeal has been preferred by the informant against the impugned judgment of conviction and order of sentence dated 30.04.2022 passed by Ld. Additional District & Sessions Judge-VIIth, Gopalganj in Sessions Trial No. 251 of 2017 (Reg No. 251 of 2017 and Gr. No. 9607 of 2014), arising out of Manjhagarh P.S. Case No. 101 of 2013, whereby all the private respondents herein have been acquitted of charges under Sections 188, 148, 149, 307, 452, 379 and 504 of the Indian Penal Code though they have been convicted for the offence punishable under Sections 147, 447, 341, 323 and 427 of the Indian Penal Code and released after admonition under Section 3 of the Probation of Offenders Act, 1958.

2. The prosecution case as emerging from the written report of the informant as addressed to the Officer-in-Charge of Manjhagarh Police Station, Gopalganj, is that at 8:00 PM on 19.5.2013 the accused persons, who are Respondents No. 2 to 13 herein, came to the door of his house with arms in their hand and entered into his house and assaulted him, his wife Hemanti Devi and mother Bhagirathi Kunwar and Lalasa Devi causing injuries on their persons. On account of the assault, informant and all the injured persons got unconscious. The accused persons forcibly put makeshift cottage and put up trough (Naad) and Khuta with intent to take forceful possession of the land and accused Dilip Giri, Munna Giri, Ajit Giri, Sujit Giri and Shivji Giri also took away gold and Cash of Rs. 10,000/-(total value of Rs. 1,00,000/-) from his house. They also threw bricks and stone on his house. Presently proceeding under Section 144 Cr.P.C. is proclaimed on the disputed land, but despite such proclamation, the accused persons had tried to take forceful possession of the disputed land of the informant.

3. On the basis of the written report, Manjhagarh P.S. Case No. 101 of 2013 was registered on 19.05.2013 against all the accused persons (Respondents herein) for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 452 and 379 of the Indian Penal Code.

4. After investigation, charge-sheet bearing no. 69 of 2013 was submitted against all the FIR named accused persons. After cognizance, the case of the accused persons (respondents herein) was committed to the Court of Sessions and charges were framed against them on 26.05.2017 under Sections 147, 148, 447, 341, 323, 452, 427, 504, 307/149, 379/149 and 188 of the Indian Penal Code against all the accused persons. The charges were read over to the accused persons which they pleaded not guilty and claimed to be tried.

5. During trial, the following six witnesses were examined on behalf of the prosecution:—

(1) P.W.-1–Bhagirathi Kunwar (Mother of the Informant)

(2) P.W.-2–Hemanti Devi (wife of the informant)

(3) P.W.-3–Om Prakash Giri (informant)

(4) P.W.-4–Lalasa Devi

(5) P.W.-5–Ramakant Singh

(6) P.W.-6–Dr. Chandika Prasad Mishra

6. The prosecution brought on record the following documentary evidences also:—

(i) Ext. 1–Signature on the formal FIR application

(ii) Ext. 1/1–Signature of the informant

(iii) Ext. 1/2–Signature of the In-charge Police Station on endorsement FIR

(iv) Ext. 2–Signature of the In-charge Police Station on the formal FIR

(v) Ext. 3 to 3/7–wound and supplementary injury report of PWs.

7. After closure of the prosecution evidence, the accused persons were examined under Section 313 Cr.PC, during which they were confronted with incriminating circumstances which had come in the prosecution evidence, so as to afford them opportunity to explain those circumstances. During the examination, they admitted that they had heard the evidence of the prosecution witnesses against them, but they did not explain any circumstances though they denied every charge and claimed to be innocent.

8. No witness has been examined on behalf of the defence. However, the following documents have been exhibited on behalf of the defence:—

(i) Ext. A–Deed document dated 03.04.2012

(ii) Ext. B to B/2–Ce