JUDGMENT :

Ratnaker Bhengra, J.

The present appeal is directed against the judgment of conviction and order of sentence dated 12.06.2003 passed in Sessions Case No. 124 of 1982 by learned Additional Sessions Judge, Fast Track Court No. V, Deoghar, whereby and where under all the appellants were convicted under section 307 of Indian Penal Code and appellant no. 1,2,4 and 6 to 10 were convicted under sections 323 and 147 of Indian Penal Code. Further, appellant no. 3 and appellant no. 5 were convicted under section 324 and 148 of Indian Penal Code. All the appellants were sentenced to R.I. for 5 years under section 307 of Indian Penal Code and Appellant no. 1,2,4 and 6 to 10 were sentenced to 1 year R.I under section 147 of Indian Penal Code and for 6 months under section 323 IPC. Further, Appellant no. 3 and Appellant no. 5 were sentenced to undergo R.I for 2 years under section 148 of Indian Penal Code and R.I. and for 3 years under section 324 of Indian Penal Code. All the sentences were ordered to run concurrently.

2. As per report submitted by police inspector-cum-officer-incharge, Madhupur-Police Station vide memo no.158/18 dated 23-2- 2018, Appellant no.-5 Jegun Biwi and Appellant No.-10 Sabir Sheikh @ Md. Sabir have died. Hence, appeal of Appellant no.-5 Jegun Biwi and Appellant No.-10 Sabir Sheikh @ Md. Sabir stands abated.

3. The prosecution case, in brief, as per the fardbeyan dated 15.7.78 of the informant P.W. 8 Abdul Rajjak, resident of village Lalgarh, P.S. Madhupur, Distt- Santhal Pargana is that they have an ancestral land at village- Patharia and his elder brother Latif Sheikh (P.W-7) is living in the ancestral house at village- Patharia. Informant further stated that his elder brother Latif Sheikh had purchased a BClass Railway land in village- Patharia itself from Jegun Biwi wife of Dhako Sheikh of village Korokado, P.S. Madhupur. On 15.7.1978, at about 8 a.m. while, he along with his two brothers Latif Sheikh (P.W.-7) and Suleman Sheikh ( P.W.-9) were ploughing their field, the accused persons, who were 14 in numbers, variously armed with weapons, all of the sudden, came there. The informant further stated that accused Ajiz Sheikh was armed with barchha, Idris Sheikh was armed with lathi, Babujan Sheikh was armed with farsa and accused Dhako Sheikh and his wife Jegun Biwi were armed with sword. Thereafter, accused persons namely Bijli Sheikh, Dhako Sheikh, Aziz Sheikh and Idrish Sheikh started assaulting the informant as a result informant fell down. His brothers Latif Sheikh and Suleman Sheikh also sustained injury and they also fell down. Informant further stated that Nur Mohammad ( P.W. 3), Nemul Sheikh ( P.W. 2), Basir Sheikh ( P.W. 1) and Abdur Rahman (P.W. 6), who were present at the place of occurrence restrained the accused persons and any how they were able to save their life.

4. On the basis of the fardbeyan of the informant, Madhupur Police Case no. 8/1978 was registered against the accused persons under sections 147, 148, 323, 324 and 307/149 of the Indian Penal Code. After completion of investigation charge sheet was submitted and the cognizance of the offences were taken and the case was committed to the court of sessions. Charges were framed against the accused persons accordingly and trial was held and at the conclusion of trial accused persons or appellant herein were convicted and sentenced as aforesaid. Hence, this appeal.

5. Prosecution had examined altogether 11 witnesses in support of its case out of whom Abdul Rajjak P.W.-8 is the informant of the case. P.W.-7 Latif Sheikh and P.W.-9 Suleman Sheikh are the brothers of the informant. P.W.-1 is Basir Sheikh; P.W.-2 is Nemul Sheikh; P.W.-3 is Nur Mohammad; P.W.-4 is Amir Sheikh, P.W.-5 is Kurban Mian; P.W.-6 Abdur Rehman is a tendered witness, P.W.-10 Shankar Prasad is the investigating officer of the case and P.W.-11 is Dr. S.S Daruka, who had examined the injured persons. D.W.-1 Jegun Biwi was examined as defense witness.

6. P.W.-8 Abdul Rajja