The central legal point established in the judgment is that the nature of injuries sustained and the absence of evidence reflecting an intention to commit murder influenced the court's decision in altering the offenses proved against the appellants.

JUDGMENT :

NAVNEET KUMAR, J.

1. This appeal is directed against the judgment of conviction dated 15.7.2003 and order of sentence dated 16.07.2003 passed by the VIth Additional Sessions Judge, FTC-III, Godda by which the appellants were convicted for the offences punishable under sections 148, 307/149 of the IPC and further the appellants Wakil Mandal, Jaykrishna Mandal and Ajablal Mandal were sentenced to undergo for RI for 2 years for the offence punishable under sections 148 of IPC and further the said three appellants were sentenced to undergo RI for 7 years for the offence punishable under sections 307 read with 149 of IPC and they were also liable to pay a fine of Rs. 2000/- each and in default thereof, they shall further be directed to serve simple imprisonment for six months, however, all the sentences shall run concurrently. Further the appellant nos. 4 & 5 were given the benefit of section 4 of the Probation of Offenders Act. They were released on furnishing bond of Rs. 2000/- with two sureties of the like amount each for maintaining the peace and good behavior for a period of three years with all the conditions attaching the same under section 4 of the Probation of Offenders Act.

2. Briefly stating the prosecution story as said in the fardbeyan (Ext.2) of Phuleshwar Mandal (PW-12) by which it has been alleged by the informant (PW-12) that on 24.07.92 at about 8 a.m. in the morning in village Simartari, Mauza Sarautiya, P.S. Godda (T) District Godda. When the informant Phuleshwar Mandal along with his father Budhu Mandal (PW-2), wife Narangi Devi and the brother Kamleshwar Prasad Mandal were sowing paddy crops over their field situated in Mauza-Sarautiya near Kali Mandap, then the accused Wakil Mandal along with seven others armed with lathis, Farsa came there. Thereafter, the accused Wakil Mandal allegedly asked as to why the plantation of paddy is being made in the field and instantaneously exhorted other accused for assaulting, at this, accused Kishan Mandal with an intent to kill gave a Farsa blow on the neck of his (informant’s) father Budhu Mandal which incidentally fell on his (Budhu Mandal) head and thereafter the aforesaid Kishan Mandal gave second blow which caused an injury on the right side of Panjara of Kamleshwar Mandal (PW-1). Consequently, the informant and his other family members overpowered the accused Kishan Mandal and snatched the said Farsa from his hand. It is further added that thereafter the accused Wakil Mandal gave a Farsa blow on the head of Narangi Devi (PW-8) wife of informant and the other accused persons, namely, Ajab Lal Mandal, Bhujo Mandal, Ashok Mandal, Arun Mandal, wives of Wakil Mandal and Ajablal Mandal conjointly assaulted the informant and his family members, namely, Kamleshwari Mandal (PW-1), Kusum Devi, Jyotish Mandal and Lochan Mandal with lathi, fist and slaps. On hulla, the witnesses, namely, Sanjay Mandal son of Huro Mandal, Vidyapati Mandal, Guru Govind Mandal sons of Kanchan Mandal of the same village Simratari rushed there running and witnessed the occurrence with their own eyes and removed the quarreling parties and further took all the injured including him (informant) to the Sadar Hospital Godda for treatment.

The aforesaid fardbeyan was recorded on 24.07.1992 at about 10 a.m. at Sadar Hospital, Godda and, thereafter, formal FIR was drawn vide Godda (T) Police Station Case No. 398 of 1992 against 8 accused persons.

3. After the investigation the charge sheet was submitted by the police, cognizance was taken and the case was committed against only 5 accused persons and the record of the 3 co-accused persons were split up being juvenile and their case were referred to the Juvenile Justice Board. Having received the case of commitment the learned trial court framed the charges against five accused appellants on 08.01.2001 for the offences punishable under sections 148, 307/149 of IPC and after concluding the trial the impugned judgment of conviction and order of sentence we