By Court.- Heard the learned counsel for the appellants and counsel for the State. 2. This appeal is directed against the judgment of conviction and sentence dated 5th September, 2001, passed by Shri R.N. Verma, Addl. Judicial Commissioner-cum-Special Judge-I, C.B.I. (A.H.D.), Ranchi in Sessions Trial No. 336 of 1987 by which judgment the learned Additional Judicial Commissioner-cum-Special Judge-I, C.B.1. (A.H.D.), Ranchi found guilty all the appellants under Sections 147, 304 (1) 1st part and 149 of the Indian Penal Code and the appellant no. 4 Mohan Singh @ Lal Mohan Nath Shahdeo has been sentenced to undergo R.I. for seven years under Section 304(1) of the Indian Penal Code and other appellants have been sentenced to undergo R.I. for five years under Section 304(1) of the Indian Penal Code and further all the appellants sentenced to undergo R.I. for one year under Section 147 of the Indian Penal Code. However, Trial Court offered all both the sentences will run concurrently. 3. The prosecution case was started on the basis of fardbeyan given by the injured deceased Lal Narain Nath Shahdeo on 12.4.1986 at 12:30 in the afternoon stating therein that on the same day at 11 :00 A.M. when he was going to Bero Bazar, he saw that in his raiyati tank in the village accused Lal Chhabindra Nath Shahdeo, Lal Meghu Nath Shahdeo, Narain Singh are catching fish and are also polluting the water, so that the same cannot remain good for drinking for animals. As such he went to the tank and asked them not to do so, whereupon Lal Chhabindra Nath Shahdeo with lathi, Lal Meghu Nath Shadeo and Narain Singh with lathi started assaulting him and at that time east south of the tank from bagicha, Lal Agan Nath Shahdeo, Lal Banshi Nath Shahdeo both son of Bhuvneshwar Nath Shahdeo. Lal Mohan Nath Shahdeo son of late Charka Nath Shahdeo also started pelting stone upon him. Hearing hulla, his brother Tirath Nath Shahdeo came there but he was assaulted by stones that the accused persons caused injury whereupon accused Mohan Singh gave Barcha blows on his arm causing injury on his left arm. On the basis of said fardbeyan police submitted charge-sheet under Sections 147, 323, 324, 379 of the Indian Penal Code. Hearing hulla, his brother Tirath Nath Shahdeo came there but he was assaulted by stones that the accused persons caused injury whereupon accused Mohan Singh gave Barcha blows on his arm causing injury on his left arm. On the basis of said fardbeyan police submitted charge-sheet under Sections 147, 323, 324, 379 of the Indian Penal Code. Subsequently after 23 days the informant Lal Narain Shahdeo died at R.M.C.H. So Section 302 was added and finally after investigation police submitted charge-sheet under Sections 147, 149, 323, 324, 307, 379, 302 of the Indian Penal Code against all the seven accused persons. 4. The learned Judicial Magistrate after taking cognizance of the case committed the case to the court of sessions and the case was tried by Shri R.N. Verma, Additional Judicial Commissioner-cum-Special Judge-I, C.B.1: (A.H.D.), Ranchi. After framing of the charge one accused Sanjay Kumar absconded and his case was split up on 1.5.2000 and rest of the six accused persons were tried and after examination of the witnesses they were convicted. 5. It is submitted by learned counsel for the appellants that altogether prosecution examined eight witnesses. During the trial none of the witnesses have proved that the accused persons caused any injury to the deceased with intention to commit his murder. The injured had received simple injuries on his person but subsequently during treatment at R.M.C.H. he died. The doctor has opined that the informant developed bed sore arid he might have died due to same and as such conviction of the appellants under Sections 304/149 of the Indian Penal Code part-1 is bad in law. Learned Counsel has further submitted that during trial neither the informant fardbeyan was proved nor F.I.R. was proved, nor I.O. was examined. In that view of the matter and as the first version of the case before the court has not been proved and as such the case has become doubtful and as such conviction is bad in law. 6. On the other hand learned counsel for the prosecution has submitted that the evidences of P.Ws. In that view of the matter and as the first version of the case before the court has not been proved and as such the case has become doubtful and as such conviction is bad in law. 6. On the other hand learned counsel for the prosecution has submitted that the evidences of P.Ws. 1, 2 and 4 as also the evidences of the doctor who conducted post mortem examination on the deceased P.W. 6, it has been proved that the deceased informant received injuries and on account of those injuries he died during treatment in the hospital and as such all the appellants have rightly been convicted under Section 304/149 of the Indian Penal Code part-1 and sentenced as aforesaid. 7. After hearing both the parties and going through the record, I find that in course of trial prosecution has examined eight witnesses. P.W. 1 is Lal Dashrath Nath Shahdeo, P.W.2 is Lal Kisto Nath Shadheo, P.W.3 is Faguni Devi has been tendered for cross-examination and nothing was asked from her. P.W. 4 is Lal Tirath Nath Shahdeo, injured brother of the informant. P.W. 6 is Dr. K.P. Srivastava, who has proved post mortem examination of the deceased as Ext. 1. P.W. 5 is Lal Radha Nath Shahdeo. P.W. 7 is Chhotaka Gope. He was declared hostile and last witness P.W. 8 is Sidheshwar Prasad Singh who has proved fardbeyan and formal F.I.R. in absence of the I.O. and has also been proved injury report of P.W. 4 as Exts. 2 & 2/1 respectively. 8. After going through the prosecution evidences it appears that the material witnesses P.Ws. 1, 2, 4 & P.W. 6, the doctor, rest are either hostile or tendered. P.W. 1 Lal Dashrath Nath Shahdeo has stated that on 12th April, 1986 at 11:30 in the day he was in his bari, then he heard hulla coming from tank. Then he went there and saw that his father Lal Narain Nath Shahdeo and his uncle Lal Tirath Nath Shahdeo are being assaulted by bhala by accused Lal Chhabindra Nath Shahdeo, Lal Mohan Nath Shahdeo, Lal Sevak Nath Shahdeo, Lal Bablu Nath Shahdeo and Narain Singh. He saw that Lal Mohan Nath Shahdeo given bhala blow on his father Lal Narain Nath Shahdeo. Tirath Nath Shahdeo was assaulted only by stones. He saw that Lal Mohan Nath Shahdeo given bhala blow on his father Lal Narain Nath Shahdeo. Tirath Nath Shahdeo was assaulted only by stones. In para 2 he has stated that due to assault his father died on 4th May, 1986 at R.M.C.H. In his deposition at para 5 of cross-examination he stated that he has not stated before the police that Lal Mohan Nath Shahdeo assaulted his father. He stated that his father has given the fardbeyan to the police in which he had signed. On seeing the F.I.R. the witness stated that this is the statement of my father marked as Ext. X. P.W. 2 is Lal Kishto Nath Shahdeo. He also stated that on 12.4.1986 he was going to maidan. He heard hulla coming from towards his tank. Then he came running to the tank and saw that his brother Lal Narain Nath Shahdeo is being assaulted by Lal Chhabindra Nath Shahdeo. Lal Meghu Nath Shahdeo and Lal Narain Singh was assaulted by lathi. Lal Banshidhar Nath Shahdeo, Lal Angna Nath Shahdeo and Lal Bablu Nath Shahdeo were pelting stone upon him. Then Mohan Nath Shahdeo by bhala blow caused injuries on his hand and head. His elder brother Tirath Nath Shahdeo was also assaulted and he received injuries by stone. The injured Lal Narain Nath Shahdeo was taken to Bero Hospital from where he was sent to R.M.C.H. where he was under treatment for 23 days, thereafter he died. In his cross-examination he stated that the tank belongs to his brother Lal Narain Nath Shahdeo. He had gone there to interfere as to why accused is spoiling the tank. In cross-examination at para 5 he stated that tank is gairmajrua Khas and not the property of the informant. P.W. 4 Lal Tirath Nath Shahdeo. He stated that the day of occurrence is on 12.4.1986 at 11.30 in the day. Hearing hulla from the side of the tank of his brother Lal Narain he went their to save him and saw accused Lal Chhabindra, Meghu and Narain Singh assaulting Lal Narain Nath Shahdeo with lathi and accused Bablu, Angna and Banshidhar were pelting stone upon him. Accused Mohan Singh gave Barcha blow and pelted stone to Lal Narain Nath Shahdeo. Hearing hulla from the side of the tank of his brother Lal Narain he went their to save him and saw accused Lal Chhabindra, Meghu and Narain Singh assaulting Lal Narain Nath Shahdeo with lathi and accused Bablu, Angna and Banshidhar were pelting stone upon him. Accused Mohan Singh gave Barcha blow and pelted stone to Lal Narain Nath Shahdeo. Then he went to save him then he was assaulted with stone by Mohan Singh and caused injuries on his head and thudi and the witnesses started gathering then the accused persons ran away. At para 3 of the cross-examination he has stated that I.O. has sent him and his brother to Bero Hospital from there they were sent to R.M.C.H. He was treated and his brother was admitted. At para 5 cross-examination he has stated that his brother has given statement to the police before going to the hospital and at paragraph 6 he has stated that even his teeth was broken during the assault. 9. It is stated by P.W.6 Dr. K.P. Srivastava that on 5.5.1986, he examined the dead body of deceased Lal Narain Nath Shahdeo and found following injuries:- Abrasions (i) 1 X 1 c.m. over front of left knee. (ii) 1 X 1 ½ c.m. over left leg outer side. (iii) 1 X 1/4 c.m. over right ankle outer side. (iv) 1 X 1/2 c.m. over back of right band. He also found injury measuring 1 ½ X 1 c.m. and 1/2 x 1/2 c.m. situated over back of left hand. He also found bed sore near the back of hand. The doctor has found some stitched wounds which are partially united 5 ¾ c.m. situated over left frontal head anteropostrially. Partially united 2 2/4 situated over left middle finger back. Internal injuries:- There was diffused contusion of soft tissues of left thigh front, left front tempero pertictal scalp of head, contusion of brain underneath the said injury, this was diffused contusion of soft tissues of right chest and abdomen back and upper part 9f right luteal area, fracture of right 11th and 12th ribs and 3rd and 4th lumber vertebral. In the opinion of doctor all the injuries were ante mortem and death was due to above noted injuries. 10. Thus, from the evidence of three witnesses P.Ws. In the opinion of doctor all the injuries were ante mortem and death was due to above noted injuries. 10. Thus, from the evidence of three witnesses P.Ws. 1, 2 & 4 and that of the doctor P.W. 6 it appears that all the accused persons pelted stones and assaulted with lathi etc. causing several injuries on the person of the deceased. There was contusion of soft tissue, the left front pertictal scalp region. There was contusion of brain. The said injury shows that the informant received head injuries also made due to pelting of stone or by the assault from lathi but the injuries caused by the accused persons resulted into death of the deceased. In that view of the matter and in my opinion the accused person have rightly been convicted under Section 304/149 of the Indian Penal Code. 11. The only question remains that there is no evidence at all that accused persons had intention to cause murder of the informant and in fact the informant did not die on the spot. He had several injuries on his body and he was admitted at R.M.C.H. and subsequently he succumbed to the injury as apparent from the injury report Ext. 1 proved by P.W. 6. During the treatment the deceased has developed bed sore. Considering all the fact, all the accused persons are found guilty under Section 304/149 of Indian Penal Code part-II. 12. It is submitted by the learned counsel for the appellant that the appellants have remained in custody for about one year and have undergone the torture of trial and appeal since 1986. In that view of the matter the petitioner may be considered for lighter punishment and they are ready to pay fine to compensate the informant. 13. In that view of the aforesaid conclusion, all the appellants are sentenced to undergo the period in custody already undergone during trial and a fine of Rs. 2,000/- (Two thousand) each and in case the fine is released Rs. 10,000/- will be paid to family of Lal Narain Nath Shahdeo and 2,000/- will be deposited to Government as fine and in default of fine they will undergo R.I. for six months. The bail bond of appellants is canceled and the trial court is directed to call upon the accused persons for serving the sentence.