Conviction under severe charges was overturned due to lack of evidence supporting unlawful assembly; appellants found guilty of lesser offences.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Mr. Shubham Sinha, learned Amicus Curiae for the appellants and Mrs. Vandana Bharti, learned A.P.P. for the State.

2. It is here to be mentioned at the very outset that during pendency of this criminal appeal, appellant no. 1 namely, Munshi Manjhi has died and vide order dated 22.04.2025, the appeal on behalf of appellant no. 1 Munshi Manjhi was abated. Now, the appeal is being heard only on behalf of alive appellants namely, appellant no. 2 Giris Manjhi (who is now re- numbered as appellant no. 1) and appellant no. 3 Wakil Manjhi (who is now re-numbered as appellant no. 2).

3. The instant criminal appeal has been preferred by the appellants against judgment of conviction and sentence dated 23.11.2002 passed by learned Additional District & Sessions Judge, 1st, Fast Track Court, Giridih in S.T. No. 193 of 1992 / T.R. No. 32 of 2002, whereby and whereunder, the appellant no. 1 has been convicted for the offence under Section 147 of the I.P.C. and the appellant nos. 2 and 3 have been convicted for the offence under Section 148 of the I.P.C. and all the appellants have been further convicted under Section 302 read with Section 149 and 307 of the I.P.C. and have been sentenced to undergo R.I. for life for the offence under Section 302 / 149 of the I.P.C. They have been further sentenced to undergo R.I. for 7 years for the offence under Section 307 / 149 of the I.P.C. Appellant no. 1 has further been sentenced to undergo R.I. for 6 months for the offence under Section 147 of the I.P.C. and appellant nos. 2 and 3 have been further sentenced to undergo R.I. for one year for the offence under Section 148 of the I.P.C. All the sentences were directed to run concurrently.

FACTUAL MATRIX

4. The factual matrix giving rise to this appeal as per written report of informant Rameshwar Tudu (P.W.-1) is that on 13.12.1987 at about 12 hours, the informant along with his brother Roopan Tudu went to his paddy field and saw that Hopna Manjhi, Munshi Manjhi, Wakil Manjhi and Giris Manjhi were harvesting paddy crops. The informant and his brother asked the accused persons first to partition the field then they will be allowed to harvest the paddy crops. Upon this, all the above accused persons and 10-12 other associates, who were also present there, armed with dangerous weapons like lathi, farsa, tangi, bow & arrow surrounded the informant and his brother from four corners.

It is further alleged that Hopna Manjhi gave a farsa blow on the head of informant with intention to kill him due to which, he fell down, Munshi Manjhi assaulted him by lathi on left hand, Wakil Manjhi gave tangi blow on right hand and Giris Manjhi gave a tangi blow on left back side. It is further alleged that above accused persons also assaulted to informant’s brother Roopan Tudu by their respective arms like farsa, tangi and lathi, due to which, he received severe injuries and died on the spot. The informant raised alarm, then several villagers assembled there and have seen the occurrence.

5. On the basis of above information, FIR being Ahilyapur P.S. Case No. 43/1987 dated 13.12.1987 was registered for the offence under Sections 147 , 148, 149, 341, 323, 324, 307 & 302 of the I.P.C. against the above named four accused persons along with 10 -12 others.

6. After completion of investigation, charge sheet was submitted against the four accused persons / appellants for the aforesaid offences. There is no indication in the charge sheet about continuation of investigation against any unknown miscreants. After taking cognizance of offe