Ratnaker Bhengra, J.

The present appeal is directed against the judgment of conviction dated 9th April, 2003 and order of sentence dated 16th April, 2003 passed by Sri Anil Kumar, learned Additional Sessions Judge, Fast Track Court No. 7, Hazaribagh in Sessions Trial No. 377 of 1989 whereby and whereunder the appellants have been convicted under sections 147, 148, 304, Par-II/149 of the Indian Penal Code and have been sentenced to undergo R.I. for 5 years under section 304 Part-II/149 of the Indian Penal Code and one year R.I. for the offence under section 147 and 148 of the Indian Penal Code and the sentences were directed to run concurrently.

2. The prosecution case as it appears from the fard-beyan of Rajak Mian recorded by S.I. Sri S. Kumar, officer-in-charge of Barkatha police station on 02.03.1989 at 18.15 hours at Primary Health Centre Barkatha is that on 02.03.1989 at around 2 p.m. Hakim Mian was raising a hut in Gair Majarua land in Village Konhari Kala. There was a case pending in Koderma court for the said land. The informant prohibited him saying that hut may be raised after the decision in the said case. He has stated that Rasool Mian, Karim Mian, Adud Mian armed with Lathi, Noor Mian, Hakim Mian and Reyaj Mian armed with Tangi and Abdul Ajij armed with farsa assaulted the informant party and injured them. Due to the beating, his brother Imaman Mian fell down, thereafter the aforesaid persons continued beating with Tangi and Lathi and badly injured Imaman Mian. Due to the beating, his brother Jainul Mian, his mother Shalmi Khatoon and wife Nashima Khatoon also got injured His wife was at home in injured condition, however, rests of them went for treatment to hospital at Barkatha. During the course of treatment, his brother Imaman Mian died in the hospital. This incident has also been witnessed by Deglal Mahto, Jagi Mahto and Shyam Lal Singh and others.

3. On the basis of the aforesaid statements of Rajak Mian, Barkatha P.S. Case No. 12 dated 2.3.1989 was registered against the accused persons for the offence under sections 147,148,149, 323, 324, 326 and 302 of the Indian Penal Code. The Investigating Officer, after completion of the investigation, has submitted charge sheet. The learned ACJM, Koderma took cognizance of the offences against the accused persons and committed the case to the court of sessions. Charges were framed for the offence under sections 147,148 and 302/149 of the Indian Penal Code against the accused, and the charges were read over and explained to accused persons to which they pleaded not guilty and claimed to be tried.

4. The prosecution examined altogether 9 witnesses during the course of trial and the learned Additional Sessions Judge, FTC-VII, Hazaribagh at the conclusion of trial, convicted the appellants, herein, for the offences under sections 304 Part-II read with section 149 of the IPC. He further convicted them for the offence under sections 147 and 148 of the IPC and sentenced them as aforesaid. Both the sentences, said to be run concurrently. Hence, this appeal.

5. In this case 9 prosecution witnesses and one defence witness have been examined. The relevant and crucial witnesses are P.W. 8-the informant, P.W. 1-brother of the informant, P.W. 2-a co-villager P.W. 9 and D.W. 1.

6. P.W. 8, Rajak Mian, the informant, has deposed that the occurrence took place 14 years ago at around 2 o'clock in the afternoon, he does not remember the precise date. Rasool, Hakim, Noor Mian, Reyaj Mian, Abdul Ajik and Karim Mian were constructing a hut on the Gairmajarua land which lies before his house. Regarding this land, there is a case pending in Koderma court. This witness told them not to construct the house as there is a case pending in Koderma on which Rasool Mian came out with Lathi and said that come out what are you looking at and then Noor Mian came with Axe, Hakim Mian also with Axe, Abdul Ajij with a farsa, Reyaj Mian with a Farsa and Karim Mian with stick came out and has started ass