JUDGMENT :

This appeal is preferred against the Judgment of Conviction and order of sentence dated 5th December 2003, passed by the learned 3rd Additional Sessions Judge, Palamau at Daltonganj, in S.T. No.280 of 1993, arising out of Manatu P.S. Case No.74 of 1991, corresponding to G.R. Case No.1643 of 1991, whereby and where under the accused appellants were held guilty for the offences punishable under sections 148 and 436 read with section 149 of I.P.C. and were sentenced to undergo R.I. for one year for the offence u/s 148 of IPC and six years R.I. for offence under Section 436/149 of IPC and the sentences were directed to run concurrently.

2. The prosecution case as unfolded in the fardbeyan of PW – 3 Narendar Singh, whose statement has been recorded by Manatu police station in the district of Palamau at Daltonganj on 17.10.1991 at 10 P.M. is as under:

It is stated by the informant Narendra Singh, PW – 3 that he was returning back from the village Tirondha to his house at village Saraidih and when he reached near Haraiya Bandh, he heard sound of breaking the lock of his house and when he proceeded towards his house, he saw 50-60 persons standing on the Haraiya Bandh, upon which he suspected that extremists have arrived at his house and saw the extremists were armed with gun, lathi, garasa and torch. Subsequently at the interval of very little time, he saw flames of fire coming from back side of his house. The informant hid himself there and saw that the extremists were raising slogan of “MCC Jindabad, Sun Light Murdabad”. He further saw that from whole house, flames of fire were rising, in the light of which he identified 1. Laxman Mochi, 2. Rajbali Bhuian, 3. Badri Bhuian, 4. Bigawan Bhuian, 5. Badesh Bhuian, 6. Krishna Mahto, 7. Santosh Mahto, 8. Lakhan Mahto, 9. Bechan Singh all armed with gun, 10. Mahendra Bhuian, 11 Rajesh Mahto both armed with garasa. Besides above named 11 persons, he also saw 50 persons of the mob whose names and resident were not know to him, but claimed to identify them by seeing their faces. The Chaukidar (Watchman) fleeing from the informant's house took shelter and hid himself in the house of Kameshwar Pandey. Total 8 fires in air were made by the extremists, who ordered Kameshwar Pandey to go inside the home and then Kameshwar Pandey went inside his home and the extremists blocked the exit. Thereafter the extremists went away towards north of the village raising slogans and then the informant came near his house and saw the lock of the door broken and some doors were cut by axe. Kameshwar Pandey informed him that the two oxen tied inside his house were let free by the extremists. The informant did not dare to enter into his house and so he was unable to state about the household articles set ablaze or taken away by the extremists. Atlash cycle and bed of the Chaukidar kept in the informant's house were also taken away by the extremists. Then the informant and said Chaukidar Suresh Manjhi came together at the Tarhashi O.P. and the informant gave his fardbayan to the aforesaid effect. The extremists were wearing lungi, ganji and kurta paijama. They caused loss of about rupees one lakh by setting fire in the house of the informant.

3. On the basis of the aforesaid farbayan, the formal FIR was drawn vide Manatu P.S. Case No.74 of 1991 and investigation of the case was taken up and the case commenced. After completion of the investigation, the charge-sheet was submitted and the case was committed to the Court of Sessions and the trial of the case commenced. After conclusion of the trial, the learned court below convicted the appellants under Sections 148, 436/149 of IPC and passed the impugned Judgment of conviction and order of sentence, which is under challenge.

4. Heard Ram Lakhan Yadav, learned defence counsel appearing on behalf of the appellants and learned A.P.P. Shiv Shankar Kumar, appearing on behalf of the State including the learned counsel Pankaj Kumar Dubey appearing on behalf of the infor