JUDGMENT :

RATNAKER BHENGRA, J.

1. A report bearing memo no. 113 dated 24.3.2019 has been received from the officer-in- charge, Latehar Police Station, which is on record, stating that the appellant No. 1 Ratan Bhuiyan had died two years ago and as such appeal as regards Ratan Bhuiyan stands abated.

2. This appeal is preferred against the judgment of conviction and order of sentence dated 29th August, 2003 and 30th August, 2003 respectively passed by the learned 1st Additional District and Sessions Judge, Latehar in S.T. Case No. 296 of 1999 whereby and where under all the appellants were convicted under section 147/148/307/149 of IPC. Appellant no. 1 was sentenced to undergo six months each for offence u/s 147 and 148 of IPC and further under section 307/149 of the IPC to undergo R.I. for a period of 4 years and to pay a fine of Rs. 500/-. Appellant Nos. 2 to 5 were sentenced under sections 147 and 148 of the IPC to undergo R.I. for six months each and further under sections 307/149 of the IPC to undergo R.I. for 5 years each and to pay a fine of Rs. 500/- each. However, all the sentences were ordered to run concurrently.

3. The prosecution case, in brief, as per the fardbeyan of the informant Jogendra Paswan PW-1 is that on 18.7.1996 at about 7 a.m. o'clock in the morning, at informant's field situated at village Parsahi, the accused persons Ashok Bhuiyan, Chandra Kishore Bhuiyan, Barat Bhuiyan all sons of Ratan Bhuiyan armed with garasa, Kariman bhuiyan and Rajeshwar Bhuiyan armed with tangi and Ratan Bhuiyan armed with stick where ploughing the field of the informant. The informant along with his nephew Ashok Paswan and Basant Paswan protested then all the accused persons assaulted them with lathi, garasa and tangi as a result they sustained injury on their head and on body.

4. On the basis of fardbeayn of informant Latehar P.S. Case No. 74/1996 was registered under sections 147/148/323 and 324 of IPC and subsequently offences u/s 326 and 307 were added. After completion of investigation, charge-sheet was submitted against the accused persons and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the accused persons under 147,148 and 307/149 of IPC and on conclusion of trial appellants were convicted and sentenced as aforesaid. Hence, this appeal.

5. Prosecution in order to substantiate its case examined altogether six witnesses out of whom PW-1 Jogendra Paswan is the informant of the case. PW-2 Basant Paswan is the nephew of the informant and PW-4 Kameshwar Paswan is the gotiya of the informant. PW-5 is Dr. Dilip Kumar who examined the injured persons. PW-6 is a formal witness who has proved the formal FIR which was marked as Ext.3. Here, it is pertinent to note that informant Jogendra Paswan was also examined on 11-3-2003 as PW-3.

6. PW-1 Jogendra Paswan is the informant of the case. He has stated in his evidence that on the day of occurrence at about 7 O'clock in the morning at village Parsahi accused persons were ploughing his field. Ashok Bhuiyan, Barat Bhuiyan and Chandra Kishore Bhuiyan were armed with garasa , Rajeshwar Bhuiyan had tangi and lathi in his hands, Kariman Bhuiyan had tangi in his hand and Ratan Bhuiyan had lathi in his hand. Informant further stated that he himself, Ashok Paswan and Basant Paswan protested to which accused persons abused them. They were assaulted by lathi, garasa and tangi as a result he sustained injury on his head, both the arms and back of his body. Informant further stated that he sustained head injury by tangi and accused Rajeshwar Bhuiyan gave tangi blow. Informant has proved his signature on the fardbeyan which was marked as Ext.1. Informant in his cross-examination stated that Rajeshwar and Ratan Bhuiyan had assaulted him with lathi.

7. PW-2 Basant Paswan had accompanied the informant on the day of occurrence. He has stated in his deposition that accused persons were ploughing their field and when he, Jogendra Paswan