ORDER :

Both the appeals have been preferred by the five appellants, namely, Baldeo Manjhi, Rohin Manjhi, Dhena Manjhi of Cr. Appeal (SJ) No. 565 of 2004 and Rijhu Manjhi and Niranjan Ghashi of Cr. Appeal (SJ) No. 865 of 2004 against the common judgment of conviction dated 19.03.2004 and order of sentence dated 20.03.2004 passed by learned 1st Additional Sessions judge, Bermo at Tenughat, in S.T. No. 333 of 1994/24 of 2003, whereby and where under the learned court below has found guilty and convicted the appellants Baldeo Manjhi, Rohin Manjhi, Ghena (Dhena) Manjhi of Cr. Appeal (SJ) No. 565 of 2004 u/s 148, 307/149, 326/149, 379/149 of Indian Penal Code and sentenced the appellants to undergo R.I. for two years for the offence u/s 148 of IPC and five years RI for the offence u/s 307/149 of IPC and three years R.I. for the offence under sections 326/149 of IPC and two years R.I. for the offence u/s 379/149 of IPC and all the sentences are directed to run concurrently and the appellants Rijhu Manjhi and Niranjan Ghashi of Cr. Appeal (SJ) No. 865 of 2004 are held guilty and convicted u/s 147, 307/149, 323/149, 379/149 of Indian Penal Code and sentenced to undergo S.I. for one year for the offence u/s 147 of IPC and 323/149 of IPC and five years S.I. for the offence u/s 307/149 of IPC and two year S.I. for the offence u/s 379/149 of IPC and all the sentences are directed to run concurrently.

2. Briefly stating the prosecution story as unfolded in the fardbeyan by informant Ashok Bhagat recorded by the ASI K.P. Singh of Jaridih Police Station in the district of Bokaro (Jharkhand) on 06.11.1993 on 21.30 hours at referral Hospital Jainamore ward is as under :

The informant alleged that while he was returning along with his son Santosh Kumar Jaiswal and his co-villager Prafull Bhagat after selling readymade cloths and sarees from the market then at about 6.00 p.m. when he reached near the small bushes then all of a sudden 6-7 persons came out from behind the Banyan tree and Guleshwar Manjhi had given a lathi blow on the left thumb of his hand as a result of which his cycle fell down. Thereafter, he saw that Rohin Manjhi armed with Chhura, Ghena Manjhi armed with Chhura, Rijhu Majhi armed with lathi, Niranjan Ghansi armed with lathi and Baldeo Manjhi armed with Farsa surrounded him and they started assaulting him with their respective weapons in their hands. The aforesaid accused persons had also assaulted his son Santosh Kumar and Prafull Bhagat from their lathi. It is further alleged that all the accused persons had taken the cloths, cash of Rs. 800/- and H.M.T. wrist watch “Kohinoor” from the possession of the informant Ashok Bhagat and the aforesaid accused persons had also taken away the readymade cloths, Sarees, Gamchha, Bed-sheets, blouse etc. from Prafull Bhagat and they had also taken Rs. 500/- in cash and H.M.T. wrist watch from Prafull Bhagat and the aforesaid accused persons fled away on the bicycles of the informant Ashok Bhagat, Prafull Bhagat and Santosh Kumar Jaiswal. The alleged occurrence is said to have committed because of land dispute.

The aforesaid injures were brought at Referal Hospital Jainamore, where the aforesaid fardbeyan of the informant Ashok Bhagat was recorded by A.S.I., K.P. Singh of Jaridih, P.S. On which the police has registered the case as Jaridih P.S. Case No. 90/93 and the Police after completing the investigation, submitted charge sheet against the accused persons on which the learned A.C.J.M., Bermo at Tenughat took cognizance of the case and transferred it to the court of S.D.J.M., Bermo at Tenughat for commitment, who on 21.09.1994 committed this case to the Court of Sessions.

3. Having received the record of complaint, the learned trial court framed the charge against the accused appellants for the offence punishable u/s 147, 148, 307/149, 325/149, 326/149, 379/149 of IPC. After conclusion of the trial, the learned trial court passed the impugned judgment of conviction and order of sentence unde