The main legal point established in the judgment is the reliance on ocular and medical evidence, as well as the presence of common intention, to determine the guilt of the accused.

JUDGMENT :

1. Heard learned Amicus Curiae for the appellant and learned A.P.P. for the State.

2. The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction and Order of Sentence dated 24th February, 2011 passed by the learned Additional Sessions Judge-cum-F.T.C., Giridih in Sessions Trial Case No.44 of 2000, whereby, the appellant has been convicted for the offence under Sections 323/34, 341/34, 325/34, 427/34 and 307 of the Indian Penal Code and has been sentenced to undergo simple imprisonment for one year under Section 323/34 of the I.P.C., simple imprisonment for one month under Section 341/34 of the I.P.C., rigorous imprisonment for three years under Section 325/34 of the I.P.C. and rigorous imprisonment for two years under Section 427/34 of the I.P.C. Further he was directed to undergo rigorous imprisonment for 5 years along with fine of Rs.5,000/- for the offence under Section 307 of the I.P.C. and in default of payment of fine he was directed to undergo simple imprisonment for three months. All the sentences were directed to run concurrently.

3. The prosecution case in brief is that informant Jitan Rajak gave the written information with these allegations that on 17th March, 1999 at 10 o’ clock of day time, the bullocks, goat and swine of Kishun Turi were grazing the potato and wheat crop of the informant and had damaged the same. He raised alarm whose cattle were those. The wife of Kishun Turi came and began to drive out those cattle. The informant stated that her cattle had damaged his crop and the wife of Kishun Turi hurled abuse to him. In the meantime the son of the informant Ramdeo Rajak began to drive out the cattle with lathi. Kishun Turi, Mahendra Turi, Mohan Turi all armed with lathi and sword came there and began to assault to the son of the informant. Kishun Turi assaulted with sword, whereby the informant’s son became injured. Mahendra Turi and Mohan Turi assaulted with lathi to his daughter-in-law. The wife of informant’s son, namely, Geeta Devi and his grandson, namely, Shankar Kumar Rajak came to rescue. The wife of Kishun Turi, namely, Manju Devi also assaulted them with lathi and danda. On this written information, the Case Crime No.27 of 1999 was registered with the police station Jamua under Sections 341, 323, 324, 506/34 of the I.P.C. against the accused Kishun Turi, Mahendra Turi, Mohan Turi and wife of Kishun Turi.

4. The Investigating Officer after having concluded the investigation filed charge-sheet against Kishun Turi, Mahendra Turi, Mohan Turi, Bichhautiya Devi and Manju Devi for the offence under Sections 341, 323, 325, 337, 307, 427 and 506 read with 34 of the I.P.C. and the Magistrate concerned after having taken the cognizance thereon had committed the case for trial to the court of Sessions Judge.

5. The trial court framed the charge against Kishun Turi, Mahendra Turi, Mohan Turi, Bichhautiya Devi and Manju Devi for the offence under Sections 323/34, 341/34, 325/34 427/34. The charge-sheet under Section 307 of the I.P.C. was filed separately against accused Kishun Turi. The charge was read over to all the accused, who denied the charge and claimed for trial.

6. On behalf of the prosecution to prove the charge against the accused persons in oral evidence examined P.W.1-Jitan Rajak, P.W.2-Ramdeo Rajak, P.W.3-Hari Narayan Singh (the I.O.), P.W.4-Dr. Imran Sikol and P.W.5-Dr. Chandra Bhusan Sahai.

7. On behalf of the prosecution in documentary evidence adduced formal F.I.R. Ext.1, forwarding on fard beyan Ext.2, Injury report of Ramdeo Rajak Ext.3, second injury report of Ramdeo Rajak Ext.4.

8. The statement of accused persons under Section 313 of the Cr.P.C. was also recorded, wherein the accused persons denied the incriminating circumstances against them and no defence evidence was adduced.

9. The learned trial court after hearing the learned counsel for the parties passed the judgment of conviction and order of sentence against all the accused pers