Conviction under Section 149 IPC is unsustainable when the vast majority of co-accused are acquitted. Furthermore, convictions for attempt to murder and Arms Act violations require corroborative medical evidence of firearm injuries and matching ammunition to be sustainable.

JUDGMENT :

RAJESH KUMAR, J.

1. Heard Mr. Sabyasanchi, learned counsel for the appellant and Mrs. Ruby Pandey, learned counsel for the State.

2. The present appeal is directed against the Judgment of conviction dated 21.01.2019 and order of sentence dated 25.01.2019, passed by the learned Additional Sessions Judge-III, Garhwa, in Sessions Trial No.57 of 2017, arising out of Majhiaon P.S. Case No.200 of 2013 (G.R. No.2071 of 2013), whereby the appellant has been convicted for the offence under Sections 341/ 349, 323/ 149, 307 of the Indian Penal Code (in short IPC) and Section 27(1) of the Arms Act, and has been sentenced to undergo simple imprisonment for one week for the offence under Sections 341/ 149 IPC, rigorous imprisonment for six months for the offence under Sections 323/ 149 IPC, rigorous imprisonment for four years with fine of Rs.5,000/- (Five thousand) for the offence under Section 307 IPC and rigorous imprisonment for four years for the offence under Section 27(1) of the Arms Act with default clause. All the sentences were directed to run concurrently.

3. The criminal law has been put into motion by lodging an F.I.R being Manjhiaon P.S. Case No.200 of 2013 dated 22.08.2013 under Sections 147/ 148/ 149/ 341/ 323/ 324/ 326/ 452/ 307/ 504 IPC read with Section 27 of the Arms Act, against 21 named accused persons including the present appellant.

The prosecution story, in short, is based upon the fardbeyan of Suresh Yadav, that on 22/08/2013 at about 08:30 A.M, he was in his house along with family members. Suddenly altogether 21 accused persons, (1) Halkan Yadav, (2) Baijnath Yadav, (3) Surendra Yadav, (4) Teni Yadav, (5) Kamlesh Yadav, (6) Santosh Yadav, (7) Bablu Yadav, (8) Sanesh Yadav (9) Vishwanath Yadav, (10) Amerika Yadav, (11) Rajendra Yadav, (12) Mahendra Yadav, (13) Anil Yadav, (14) Sunil Yadav, (15) Ashok Yadav, (16) Pyari Yadav, (17) Kamlesh Yadav, (18) Ajay Yadav, (19) Shyam Sundar Yadav, (20) Kamlesh Yadav and (21) Ramashish Yadav came armed with lathi, Gadasa, Farsa and Balua and entered into the house of informant. Accused, Halkan Yadav and Baijnath Yadav fired From their pistols. They assaulted with lathi, Gadasa and Balua on Bodh Yadav, father of the informant, Radha Devi, wife of the informant, Nathuni Yadav uncle of the informant, Sakunti Devi wife of the brother of the informant, Kusum Kumari -niece, Ratni Devi - mother of informant, Jahri Devi -chachi, Bacchu Yadav- brother, Sheela Devi - brother's wife, Lal Bihari Yadav & Baleshwar Yadar- brother of informant with intention to kill them, causing severe bleeding injuries..

The police, after completing the investigation, has submitted the charge-sheet on 21.10.2023 and filed the subsequent charge-sheet on 29.09.2014 and the trial court has framed the charge on 10.04.2017 under Sections 147, 148, 341/149, 323/149, 324/149, 326/149, 452/149, 307/149 IPC and Section 27 of the Arms Act against the accused persons. Thereafter, the case has been committed to the court of Sessions to which the appellant has pleaded innocence and claimed to be tried and accordingly, the trial has commenced.

4. To substantiate the charges, the prosecution has examined altogether 09 witnesses and their depositions, in short, are as follows:-

5. P.W.-1, Baleshwar Yadav, is the brother of the informant and one of the injured witness.

In cross-examination, he has deposed that there was a land dispute between the parties.

6. P.W.-2, Ram Lakhan Paswan, is the co-villager and he has