JUDGMENT :

The present appeal has been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction and order of sentence dated 16.09.2003 passed by learned 9^th Additional Sessions Judge, Saran at Chapra in Sessions Trial No.495 of 1995 arising out of Masrakh P.S. Case No.9 of 1995, whereby the concerned Trial Court has convicted all above-named appellants/convicts. It appears from the impugned judgment that appellant no.1 to appellant no.4 have been convicted for the offences punishable under Section 325 read with section 149 of the Indian Penal Code (for short ‘IPC’) and ordered to undergo rigorous imprisonment for three years. They were also convicted under Sections under Section 448 of the IPC and sentenced to undergo rigorous imprisonment for six months, whereas appellant no.5, who also convicted for the offence punishable under Sections 325 read with Section 149 of the IPC, sentenced to undergo rigorous imprisonment for six months. All the aforesaid appellants were acquitted for the offence charged under Section 307 read with 149 and 450 of the IPC and further appellant no.1 Bikrama Manjhi acquitted from the offence punishable under Section 379 of the IPC.

2. The brief fact of the prosecution case as it appears from the fardbeyan of PW-5, namely, Satya Narain Manjhi recorded on 11.01.1995 at 10:20 am at State Dispensary Masrakh before Sub Inspector of Police, R.T. Rai that while he along with his family members were taking dinner on 10.01.1995 at about 9:00 pm, the appellants/accused entered into his house and thereafter, started to assault him and his family members, where appellant no.1, namely, Bikarma Manjhi assaulted with fersa on his head and also on the head of Lakhia Devi (PW-4). He also assaulted on the head of PW-3, namely, Daroga Manjhi by farsa. It further appears from the narration of written information that appellant no.4/convict, namely, Naresh Manjhi assaulted Jai Nath Manjhi (not examined) and appellant no.4, namely, Saburi Manjhi and appellant no.2, namely, Jai Kishore Manjhi assaulted on the head of Raj Narain Manjhi (PW2) with fasuli. The accused Meghnath Manjhi also assaulted the informant (PW-5) by lathi. Trial of accused Meghnath Manjhi separated being juvenile.

3. On the basis of aforesaid information, formal case was lodged with Masrakh Police Station, Distt.-Saran and same was registered as Masrakh P.S. Case No.9 of 1995 for the offences punishable under Sections 147, 148, 149, 447, 323, 307 and 379 of the IPC.

4. After completion of investigation, the investigating officer has submitted charge-sheet under Sections 147, 148, 149, 323, 447, 307 and 379 read with 34 of the IPC against appellants-accused, where learned Jurisdictional Magistrate after taking cognizance and complying provision of Section 207 of the CrPC, committed the case to the court of sessions u/s 209 of CrPC for trial and disposal.

5. In order to substantiate its case, the prosecution has examined altogether seven witnesses, who are- PW-1 Sheopujan Manjhi, PW-2 Raj Narain Manjhi, PW-3 Daroga Manjhi, PW-4 Lakhia Devi, PW-5 Satya Narain Manjhi, PW-6 Daya Nand Kumar, Investigating Officer of this case and PW-7 Dr. Ram Murti Jha, who examined the injured.

6. The prosecution has also relied upon the following documents as to substantiate its case:-

7. The learned Trial Court explained the incriminating circumstances/evidences as surfaced during the trial to the appellants/accused while examining them under Section 313 of the CrPC to which, they denied simply and shows their complete innocence.

8. In defence, the appellants/accused have produced three witnesses in support of their case, who are DW-1, Basudeo Manjhi, DW-2, Dasrath Manjhi and DW-3 Thakur Manjhi.

9. After considering the evidences available on record, the learned Trial Court convicted the appellants/accused in the manner as discussed above. Being aggrieved, the pres