(1.) These appeals are against the judgment and order dated 5th December, 2007 whereby the appellants were convicted under section 307 read with section 34 of the Indian Penal Code ( in short "IPC") and was sentenced to undergo R.I. for 4 (four) years and to pay a fine of Rs. 5,000/or, to undergo R.I. for six months in default.
(2.) It is the case of the prosecution that three or four days prior to the incident, the appellant Devanand went to the brickkiln and insisted upon the complainant Suresh Yamunaprasad Pandey, working as Supervisor of the brickkiln owned by Shri Anandkumar Mishra to remove it by informing the owner thereof. The complainant did not pay any heed to the threat. On 21st December, 2006 at about 8.00 a.m., the complainant went at the brickkiln at Amrai Ward, Ghuggus. The labourers were busy keeping bricks while the complainant was supervising. At that time at about 10.30 a.m., the appellants Devanand, Datta Jivne, Siddarth Nagrale and Vinayak Maraskolhe came at the brickkiln, started cutting tyre of the trolly by an iron, thereafter climbed up over the brick kiln and started beating the complainant by stick on his right hand, left leg, and left thigh and also gave physical blows on the face. When complainant got down by the ladder from the rope of the brickkiln, he was beaten by appellant Vinayak and other appellants. The complainant fell on the ground. Then all the four appellants lifted him and threw him into the well. The complainant was rescued by the labourers who were working at the brickkiln. The employer of the complainant came at the spot and made a phone call for police help. The complainant reported the incident to Police. The offence was registered as Crime No. 147/2006 at Ghuggus Police Station, District Chandrapur under section 307 read with section 34 of the IPC.
(3.) The injured Suresh came in the Witness Box as PW 5 and stated that the accused Datta, Devanand and Siddarth came on the Bhatti ( furnace) and without saying anything, started beating him. He sustained injury on his right hand, arm, left leg and face. They pulled him to the ground from the brickkiln . AccusedVinayak was also standing there. They beat him again and he felled down. Then all the four accused lifted him and threw him into the well situated adjacent to the furnace at about 20 feet distance. His evidence further indicates that he was rescued from the well by the labourers working there. The evidence of the injured also avers the incident which occurred three four days prior to the incident when the accusedDevanand came at the brickkiln at about 5.00 p.m. and told him to inform owner to remove the brickkiln. The defence suggestion that a false story was cooked up by the owner of the brickkiln is flatly denied by him as also the suggestion that he received injuries due to poisonous insect bites.