Members of an unlawful assembly are collectively responsible for injuries caused during its action, reinforcing the conviction based on consistent eyewitness testimony and corroborated medical evidence.

JUDGMENT :

RAJESH KUMAR, J.

1. Although the present appeal has been preferred by seven appellants, but out of which, two appellants have died, during the pendency of the present appeal. Vide order dated 22.11.2021, the present criminal appeal stands abated so far as appellants namely, Mahendra Bhagat and Rajesh Bhagat are concerned.

Thus, the present appeal survives only with respect to five appellants, namely, Mani Lal Bhagat, Gopal Bhagat, Manoj Bhagat, Rama Bhagat and Prem Bhagat.

2. Heard learned counsel for the appellants and learned A.P.P

3. The present appeal is directed against the Judgment of conviction dated 04.06.2004 and order of sentence dated 16.06.2004, passed by learned Additional Sessions Judge (F.T.C), Latehar, in Sessions Case No.404 of 2000, arising out of Latehar P.S. Case No.70 of 1998 (G.R. No.211 of 1998), whereby the appellants have been convicted for the offence under Sections 148 , 323/149, 325/149 and 307/149 of the Indian Penal Code ( IPC ) and have been directed to undergo rigorous imprisonment for three years under Section 148 I.P.C, rigorous imprisonment for one year under Sections 323 / 149 I.P.C, rigorous imprisonment for four years under Sections 325 / 149 I.P.C and rigorous imprisonment for five years with fine of Rs.2000/- (Two thousand) each with default clause under Sections 307 / 149 I.P.C. All the sentences were directed to run concurrently.

4. The criminal law has been put into motion by lodging an F.I.R being Latehar P.S. Case No.70 of 1998 against the appellants under Sections 147 , 148, 149, 323 & 324 I.PC. The F.I.R has been lodged on the fardbeyan of informant namely, Ajay Mochi (P.W.-5). Vide order dated 10.08.1998, Sections 307 , 325 & 326 IPC were added.

The brief facts of the case, as has been disclosed in the written report dated 06.07.1998 by the informant, Ajay Mochi, is that while he was ploughing his land along with his brother Pramod Mochi, then all the accused persons/appellants came there and restrained them from sowing seeds in the lands on which the informant objected and told them that the land belongs to them. Then the accused Maheshwar Bhagat abused them and ordered to assault. Then all the appellants started assaulting them with lathi, axe and spear and on commotion when informant's wife and mother came there, they were also assaulted. The said occurrence was seen by several co-villagers.

5. On the basis of the said fardbeyan, the police, instituted the F.I.R and after investigation, has submitted charge-sheet on 30.09.1998 against seven accused persons namely, Rama Bhagat, Mani Lal Bhagat, Gopal Bhagat, Manoj Bhagat, Prem Bhagat, Rajesh Bhagat and Mahendra Bhagat for the offence under Sections 147 , 148, 149, 323, 324, 325, 326 & 307 IPC . Upon which cognizance has been taken and charges has been framed under , 148, 307/ 149 I.P.C and the case has been committed to the court of Sessions to which the appellants have pleaded innocence and claimed to be tried.

6. For substantiating the prosecution story, altogether seven witnesses have been examined on behalf of the prosecution.

7. P.W.-1, Pramod Mochi, is brother of the informant and an injured witness. He has stated in examination-in-chief that on the date of occurrence when he was ploughing and sowing seeds in his field along with the informant, the accused