JUDGMENT :

This appeal has been preferred against the Judgment of Conviction and order of sentence dated 20.10.2003 passed by the Additional Sessions Judge, FTC-I, Chatra, in S.T. No.39 of 1990, arising out of Simaria P.S. Case No.80 of 1989, whereby and where under the accused appellants namely Md. Sahabuddin, Muslim Mian and Makshud Mian were convicted for the offence punishable under Sections 147 and 323 of the IPC and they were sentenced to undergo R.I. for two years each under Sections 147 of the IPC and also to undergo R.I. for one year each under Section 323 of the IPC and all the sentences were ordered to run concurrently.

2. Briefly stating the prosecution story, which arose in the wake of fardbeyan of one Puran Sao, PW-1, whose statement was recorded by O/C A.K.Tiwari of Simaria Police station in the district of Hazaribagh on 02.09.1989 at Referral Hospital, Simaria at 20.00 hours is as under:

The informant PW-1 Puran Sao stated in the said fardbeyan that he had planted the paddy crops in the land of on Janardhan Singh which was taken by him at bataia (Settlement) and the said land was full of water. At about 5 pm, the accused Mohiddin Mian (passed away during the pendency of this appeal and his name has been deleted vide order dated 9th December 2021) came there as his land was adjacent to the said land. It has further been stated in the said fardbeyan by the informant that the land of Mohiddin was down from the land of the informant and the said deceased appellant Mohiddin cut away the agricultural field to open the flow of water stored in the land of the informant, upon which, the informant opposed, but the deceased appellant Mohiddin did not agree and in the meantime, the said Mohiddin assaulted the informant Puran Sao by lathi. Thereafter the informant fled away and came at the place of Janardhan Singh and he narrated the entire occurrence to Janardhan Singh and thereafter the informant came at his house with Shivnarayan Singh and he narrated the entire occurrence to his brother Fagu Sao PW-7, Uncle Kheman Sao PW-2 and neighbour Arjun Sao PW-6. The informant further alleged that all of them went to the house of Mohiddin Mian and while his uncle Kheman Sao was saying about the occurrence to Abdul Mian, in the meantime, Mohiddin armed with lathi, Sahabuddin Mian (Appellant No.1) holding a piece of wood, Makshud appellant No.3 armed with Sakhua Kachra (a kind of hard wood) and Muslim Mian with empty hand came there and thereafter some altercation took place between the uncles of the informant and the accused appellant Mohiddin Mian. It has further been stated that Johara Bibi (who has been acquitted by the learned court below) wife of Abdul Mian came with lathi and ordered to assault, thereupon Mohiddin Mian went to house and came back with a big knife and attacked on Kheman Sao PW-2. It has further been alleged that the deceased appellant Mohiddin and his three brothers (the appellants) and his mother assaulted Kheman Sao, Puran Sao and Fagu Sao by dagger and lathi, by which Kheman Sao and Fagu Sao fell down on the ground and on raising hulla, several villagers came there and thereafter the accused appellants fled away. It has further been alleged that all the injured persons were brought to Simaria Hospital on a truck of Mukhiaji.

3. On the basis of the aforesaid fardbeyan (Ext- 3), a formal FIR was drawn vide Simaria P.S. Case No.80 of 1989 under Sections 147, 148, 149, 323, 324 and 307 of IPC. Thereafter the investigation of the case commenced, the charge-sheet was submitted and the case was committed to the Court of Sessions. Learned Trial Court framed the charges against five accused persons for the offences punishable under Sections 148, 324, 147, 323 and 307 of IPC and after the trial one co-accused Johara Bibi was acquitted and these three appellants have been convicted for the offence punishable under Sections 147 and 323 of IPC and the deceased appellant Mohiddin Mian was convicted for the offence punishable