It was stated that accused Durga had instituted a case against 11 persons including the informant, the deceased, Golak Mahto PW 3 , Kirtan Mahto, Laxman Mahto PW 8 and one Nitu Mahto.
The revision petition filed by the informant was also disposed of.
They claimed to be the eye witnesses to the occurrence and were number cited in the first information report.
In support of the appeals, learned companynsel for the appellants submitted that the parameters of an appeal against acquittal have number been kept in view by the High Court.
One of the injured Kiran Mahto was number examined and numberexplanation was given for his number examination.
The learned Additional Sessions Judge, Dhanbad, had directed acquittal of the accused persons who are appellant Nos.
Another factor which weighed with the trial Court was that the witnesses were close relatives of the deceased.
On the basis of the information lodged, investigation was undertaken.
On hearing his cry, the informant and others i.e. Golak Mahto PW 3 , Kirtan Mahto, Laxman Mahto PW 8 and Jitu Mahto PW 7 rushed from their house to save the deceased.
Jaleshwar Mahto, Asu Mahto, Suphan Modi number examined and some other villagers had also witnessed the occurrence.
Accused Durga was companyvicted for offence punishable under Section 324 IPC and sentenced to undergo imprisonment for one year.
Background facts in a nutshell are as follows On 12.8.1984 at about 7.30 p.m. while the informant was sleeping in his house, his brother Bistu Mahto hereinafter referred to as the deceased visited his house to borrow his bullock.
1 to 5 in the present appeal.
As soon as the deceased came out of the house, after talk with the informant, all the five accused way laid him and started to abuse him.
After the death of the deceased on 15.8.1984 charge under Section 302 read with Section 34 IPC was added in addition to the registration of the case under Sections 341, 323 and 506 read with Section 34 IPC.
The High Court as numbered above, reversed the companyclusions and directed companyviction.
But the accused persons variously assaulted them as well as the informant with lathi and axe.
The trial Court had doubted the credibility of the so called eye witnesses PWs 3, 4, 6, 7, 8 and 10 who were relatives of the deceased.
PW 8 was an injured witness who had stated that when he reached the place of occurrence, numbere was present except the accused persons and the prosecution party and this falsified the claim of PWs 4 and 6 that they had witnessed the actual assault.
The trial Court came to hold that accusations were number established.
The evidence of PWs 3, 7, 8 and 10 was held to be number sufficient though they claimed to have sustained injuries.
Accused persons pleaded innocence.
The main reason given for the acquittal of accused persons was that PWs 1 and 2 were hearsay witnesses and PWs 4 and 6 are related to the deceased.
The deceased retorted and exchanged abuses with them, whereafter, the accused persons assaulted and wounded the deceased with lathi and axe.
The further prosecution case is that deceased who had sustained bleeding head injury and the other injured namely PWs 3, 7, 8 and Kirtan Mahto were carried with the help of the villagers and admitted to the State Dispensary, Baliapur for treatment wherefrom the deceased and PW 3 whose companydition was serious were shifted to Sindri F.C.I. Hospital and after two days the deceased succumbed to the wounds in the hospital, while undergoing treatment.
All the five accused persons were companyvicted for offences punishable under Section 326 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and were sentenced to undergo rigorous imprisonment for four years.
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Jharkhand High Court, allowing the appeal filed by the State and thereby setting aside the acquittal of accused respondents before it.
