JUDGMENT :

Shree Chandrashekhar, J.

Two persons, namely, Mehi Lal Manjhi and Amir Lal Manjhi, both sons of Somra Manjhi, alongwith 20-25 persons came inside the school searching for Mahesh Turi and assaulted three persons; Uday Pratap Soy, Salvason Murmu and thereafter Mahesh Turi. On the basis of written report of Uday Pratap Soy given at about 13.30 hrs. on 24.04.2008, Mahuatand P.S. Case No.16 of 2008 was registered under sections 147, 148, 149, 341, 323, 324, 326, 307, 337, 338 and 379 IPC. After the investigation, a charge-sheet was submitted against Mehi Lal Manjhi, Amir Lal Manjhi and Chhote Lal Manjhi and common charges under section 302/149 IPC for committing murder of Mahesh Turi; under section 307/149 IPC for attempting to cause death of Mahesh Turi, Uday Pratap Soy and Salvason Murmu were framed against them. Charges under section 326/149 IPC for causing grievous hurt to Mahesh Turi, Uday Pratap Soy and Salvason Murmu and under section 338/149 IPC, section 147 IPC and section 148 IPC were also framed against Mehi Lal Manjhi and Chhote Lal Manjhi. Separate charges under section 302/149 IPC and section 307/149 IPC were framed against Amir Lal Manjhi and under section 379 IPC against Mehi Lal Manjhi.

2. The appellants have suffered conviction and sentence of R.I for life and fine of Rs.20,000/-under section 302/149 IPC and R.I for 7 years under section 307/149 IPC. The appellants, namely, Mehi Lal Manjhi and Chhote Lal Manjhi are convicted and sentenced to R.I for 3 years both under section 147 IPC and section 148 IPC, R.I for 5 years under section 326/149 IPC and R.I for 2 years under section 338/149 IPC.

3. In his written report dated 24.04.2008, the informant has stated that on that day the school children had gone back home after the school hours and he was finishing pending work in his office; he is the Principal of A.G. Church Mission School. At that time, wife of Mahesh Turi came and asked him to stop her husband from coming to the school as several persons of Manjhi community have surrounded the school; amongst them were Mehi Lal Manjhi and Amir Lal Manjhi, and they were searching for him. However, in a short while Mahesh Turi came to the school and 20-25 persons of Manjhi community scaling boundary of the school came there and enquired about Mahesh Turi. They were agitated and saying how some people have constructed the school on a grabbed land and all this work was done by Mahesh Turi. The informant has stated that when he did not disclose the whereabouts of Mahesh Turi, Mehi Lal Manjhi and Amir Lal Manjhi caught hold of him and both started assaulting him with lathi and danda. The other persons who had accompanied them also started throwing bricks and stones. Mehi Lal Manjhi has assaulted him with danda on his head due to which he suffered injury on the right side of his head and fell on the ground. Thereafter, they left his office, caught Mahesh Turi and started assaulting him with lathi, danda and hoe. Mahesh Turi was crying for help. In the meantime, Salvason Murmu, who is a school staff, came there and tried to help him whereupon the accused persons assaulted him also. Due to assault on him, Mahesh Turi had become unconscious and after the accused persons fled away, the police came there and took them to the hospital.

4. Both of them and Mahesh Turi were sent to TTPS Hospital, Lalpania for treatment, however, on observing the serious condition of Mahesh Turi he was referred to Apollo Hospital, Ranchi where he died on 28.04.2008.

5. The prosecution witness, namely, Arjun Manjhi-P.W.5 has turned hostile and Baburam Manjhi-P.W.6 was tendered for cross-examination by the prosecution. Ramesh Sao-P.W.9 has identified Mehi Lal Manjhi, Amir Lal Manjhi and Chhote Lal Manjhi amongst the mob.

6. The prosecution has projected P.W.2, P.W.4, P.W.7 and P.W.10 as eye-witnesses.

7. The informant has been examined in the court as P.W.4. In his examination-in-chief, he has narrated a similar story of assault by the appellants in