The central legal point established in the judgment is the interpretation of the appellants' association with the demand for tax and assault, leading to their acquittal under Sections 386/34 of the Indian Penal Code and affirmation of their conviction under Sections 323/34 of the Indian Penal Code.

The instant Criminal Appeals have been preferred against a common judgment of conviction and order of sentence, both, dated 28.08.2003, passed by learned Additional District Judge, Fast Track Court, Seraikella, in S.T. Case No. 105 of 1997, whereby both the appellants Akhilesh Jha and Birendra Pandey have been sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 2000 each, for offence committed under Sections 386/34 of the Indian Penal Code and rigorous imprisonment for six months under Sections 323/34 of the Indian Penal Code and in default of payment of fine, further simple imprisonment for one year and both the sentences are directed to run concurrently.

Against the said impugned judgment of conviction and order of sentence, present two Criminal Appeals have been preferred, both arising out of common impugned judgment of conviction and order of sentence and as such both the criminal appeals are being heard together and disposed of by this common judgment.

2. The prosecution case is based upon the fardbeyan of Sri Harihar Yadav (P.W. 4) recorded by Officer-in-Charge Sri S.K. Jha of R.I.T. police station, at T.M.H. on 15.08.1990 at 7.00 a.m., where the informant has stated that, when he went to his shop on 14.08.1990 at 5.00 p.m. at road no. 4, after ten minutes, one Subodh Dubey @ Subodh, s/o Bageshwari Dubey, resident of Adityapur-2, L.I.G. flats, quarter no. 1/6, police station-R.I.T., District-West Singhbhum, came and demanded Rs. 30 as tax from Sita Ram (P.W. 1) (a man working in the shop under the informant). On refusal, the accused abused Sita Ram (P.W. 1) and went towards East after threatening that “I will show you”. At around 5.30 p.m. Subodh came back along with his three friends namely Bhutta @ Surya Bhushan Singh, Akhileshwar Jha and Birendra Pandey, to the shop of the informant and abused them. On protest the accused persons took out an iron angle from the shop adjacent to the shop of the informant and accused Bhutta @ Surya Bhushan Singh assaulted the informant, on his head causing bleeding injury. Accused Akhileshwar Jha and Subodh Dubey @ Subodh also took out iron angle and assaulted the informant. Birendra Pandey was instigating them. On brawl, several persons assembled there. One of the person Amrendra Kumar came for rescue, who was also attacked, but because of presence of a large number of people, accused persons fled away. The iron angle was left at the place of occurrence. The informant became unconscious, who was admitted at T.M.H, Jamshedpur. The informant has alleged that because of non-payment of the rangdari tax, the said occurrence has been committed.

On the basis of the fardbeyan, police registered Adityapur (R.I.T.) P.S. case no. 110 of 1990 dated 15.08.1990, under Sections 386, 341, 323, 325, 506, 307/34 of the Indian Penal Code.

3. After investigation the police submitted chargesheet against all the four named accused persons vide chargesheet no. 82 of 1990 dated 23.09.1990, under Sections 386, 341, 323, 325, 307, 506/34 of the Indian Penal Code. The cognizance of the offence has been taken vide order dated 05.11.1990 and case has been committed to the court of Sessions vide order dated 12.03.1997.

4. From perusal of the order sheet dated 12.03.1997, it appears that Bhhuta @ Surya Bhushan Singh died during pendency of the trial and Subodh Dubey @ Subodh has been declared permanent absconder, under Section 299 Cr.P.C. The learned Trial Court has not taken any steps for apprehending the absconded accused Subodh Dubey @ Subodh. The learned Trial Court is directed to issue process to be executed by Senior Superintendent of Police, West Singhbhum to apprehend Subodh Dubey @ Subodh, s/o Bageshwari Dubey, resident of Adityapur-2, L.I.G. flats, quarter no. 1/6, police station-R.I.T., District-West Singhbhum.

5. The charge has been framed against both the accused Akhilesh Jha and Birendra Prasad under Sections 386/34, 307/34 vide order dated 15.05.2002, to which the appellant