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