ORDER :

1. Heard Mr. Sabyasanchi, learned counsel for the appellants and Mr. Sanjay Kumar Srivastava, learned counsel for the State.

2. The present appeal is directed against the Judgment of conviction dated 26.03.2019 and order of sentence dated 30.03.2019, passed by the learned Additional Sessions Judge - I, Garhwa, in Sessions Trial No.243 of 2008, arising out of Nagar Untari P.S. Case No.164 of 2007 (G.R. No.858 of 2007), whereby the appellants have been convicted for the offence under Sections 147/ 148/ 341/ 326 read with Section 149 of the Indian Penal code (in short IPC) and have been sentenced to undergo rigorous imprisonment for one year with fine of Rs.5,000/- with default clause for the offence under Section 147 IPC, rigorous imprisonment for two years with fine of Rs.10,000/- with default clause for the offence under Section 148 IPC, rigorous imprisonment for six months for the offence under Section 341 IPC and rigorous imprisonment for four years with fine of Rs.20,000/- with default clause for the offence under Section 326 IPC. All the sentences were directed to run concurrently.

3. The prosecution story, in short, as per the F.I.R is that the informant of this case namely, Mukh Lal Mehta, S/o Kailash Mehta, R/o village Korga, P.S. Nagar Untari, District Garhwa gave his fardbeyan on 22.09.2007 at 10.00 P.M. at Referral Hospital, Nagar Untari, to the police official of Nagar Untari P.S. stating therein that on the same day at 04.00 p.m, Surendra Mehta S/o Sheo Kumar Mehta, was preparing to go to market at Ramna from his house then at that time (1) Dharmendra Ram, (2) Jovit Ram, (3) Shambhu Bhuiyan, (4) Brahmdeo Bhuiyan, (5) Bashisht Bhuiyan, (6) Buddhi Narayan Bhuiyan, (7) Shrawan Bhuiyan, (8) Shiv Bhuiyan, (9) Pramod Bhuiyan, (10) Virendra Bhuiya, all R/o Korga, P.S.Nagar Untari, District Garhwa alongwith 15-20 unknown persons, who all were the members of the extremist organization Maoist Party, came there assembled with lathi, danda, garassa and gun and started abusing Surendra Mehta and told him that all the persons of Mehta community should leave their land and leave the place otherwise they would be killed. Thereafter they started assaulting him with lathi and danda. On seeing this the informant, his brother Sukh Lal Mehta, Ram Bichar Mehta, Satendra Mehta and Manoj Mehta ran for his rescue, then the above mentioned persons surrounded the informant side and started assaulting them by lathi, danda, garassa and butt of the gun, with an intention to kill them due to which the informant received injury on his head, elbow of left hand and knee of right leg. Surendra Mehta received cut injuries on his head. Ram Bichar Mehta had pain all over his body. Manoj Mehta received injuries on his right knee, left elbow and on different parts of his body and Sukh Lal Mehta received injuries on his head, due to which he has become unconscious. After assaulting them, the accused persons put the house of Ram Bichar Mehta and Surendra Mehta on fire, due to which Varandah got burnt. All the injured lay on the ground then the villagers came and intervened and saved them and were taken to the Hospital.

On the basis of above fardbeyan, Nagar Untari P.S Case No.164 of 2007 dated 22.09.2007 has been registered under Sections 147/ 148/ 149/ 341/ 323/ 307/ 436 IPC, against the present appellants along with others and the police, after completing the investigation, has submitted the charge-sheet against the above named two appellants only.

Although the charge has been framed under Sections 147, 148, 341/149, 323, 325, 307, 435 IPC against the appellants, but the number of persons involved in the present crime have neither been disclosed in the charge-sheet nor in the question put under Section 313 Cr.P.C.

The case has been committed to the court of Sessions to which the appellants have pleaded innocence and claimed to be tried and accordingly, the trial has commenced.

4. To substantiate the charges, the prosecution has examined altogether 09 wi