Ratnaker Bhengra,J:

As per the report dated 31.10.2018 of the Officer- in-Charge, Palajori Police Station, appellant no. 1 Ramdeo Mirdha has died. Hence, the appeal of appellant no. 1 Ramdeo Mirdha stands abated.

2. The present appeal is directed against the judgment of conviction dated 11.06.2003 and the order of sentence dated 13.06.2003 passed in S.T. No. 21 of 2002 by the learned Additional District and Sessions Judge, Fast Track Court No.- IVth, Deoghar whereby and whereunder the learned court below convicted the appellant nos. 1,3 and 6 under sections 148, 324/ 149 and 323/ 149 of IPC and sentenced them under section 148 IPC to undergo RI for one year, for the offence under section 324/149 IPC rigorous imprisonment for two years and for offence under section 323/149 IPC imprisonment for 3 months. The learned court below convicted the appellant nos. 2,4,5 & 7 under sections 147, 324/149 and 323/ 149 and sentenced them under section 147 IPC to undergo imprisonment 6 months under section 324/149 IPC to undergo RI for 2 years and under section 323/149 IPC to undergo imprisonment 3 months. The learned court below further ordered to run the aforesaid sentence concurrently.

3. The prosecution case, in brief, as per the written report dated 16.06.2001 of the informant P.W.-7 Ganesh Pandit is that on 16.06.2001 at around 10.00 a.m. in the morning his son Panchanand Pandit and his brother Radhe Pandit both had gone with ox to plough the field and informant had also accompanied them to their chokidari jagir land. Informant's son and his brother began to plough and informant after stopping the flow of the water from the field had sat down on the ridge of the field. Informant further stated that only half an hour had passed ploughing the field, then his co-villagers (1)Ramdeo Mirdha, (2) Subhash Mirdra, (3) Bhalu Mirdha, (4) Shyam Sunder Mirdha, (5) Ram Lal Mirdha, (6) Nundeo Mirdha and (7) Kali Mirdha armed with lathi, danda, arrow and barcha came to the field. They started abusing and assaulting them with bricks, stones, lathi, barcha and arrow with an intention to kill. Subhash Mirdha assaulted Panchanand with arrow which hit on the back of his head due to which he was injured and fell down. On seeing him fallen down, the informant ran towards him and tried to take out the arrow from his head then an arrow shot by Ramlal Mirdha hit him on his right elbow due to which he was injured. On this his brother Radhe Pandit raised alarm shouting “bacho” “bacho” on which his wife, who was bathing nearby came there on which Ramdeo Mirdha threw stone as a result she sustained injury on her rib cage and she fell down. Informant further stated that other accused persons threw bricks and stones and assaulted with lathi. Shyam Sundar Mirdha inflicted lathi blow on the informant as a result he sustained injury on his left elbow and blood oozed out.

4.On the basis of the written report of the informant Palajori P.S. case no. 45 of 2001 dated 16.06.2001 was registered against the accused persons under sections 147, 148, 149, 447, 337, 324, 307 and 504 of IPC and after completion of investigation charge sheet was submitted and cognizance of the offences were taken and the case was committed to the court of sessions. Charges were framed against the accused persons under sections 148 and 307/ 149 of IPC and trial was held and at the conclusion of trial accused persons or appellants herein were convicted and sentenced as aforesaid. Hence, this appeal.

5.Prosecution in order to prove its case examined altogether 7 prosecution witnesses out of whom P.W.7 Ganesh Pandit is the informant of the case; P.W.1 is Mohan Prasad Rai; P.W.2 is Ritlal Rai; P.W.3 is Rajendra Prasad Rai; P.W.4 Ahilya Devi, who is the wife of the informant and P.W.6 is Panchanand Pandit, who is the son of the informant. Prosecution also examined two court witnesses out of whom C.W.1 is Doctor Diwakar Kamath and C.W.2 Mani Bhusan Prasad, who is the Investigating Officer of the case. Defense a