(1.) This appeal is directed against the Judgment of Conviction and order of sentence dtd. 30/7/2003, passed by learned Additional Sessions Judge, FTC-III, Bokaro, in connection with S.T. No.25 of 1995, arising out of Chas P.S. Case No.70 of 1990, corresponding to G.R. No.978B of 1990, whereby and where under the appellants were convicted under Ss. 307/34 of IPC and were sentenced to undergo R.I. for 7 years.
(2.) The prosecution case has been initiated by one namely Kanchan Mahato (informant P.W.5) that on 23/10/1990 at about 9.00 am, while he along with his son and wife were engaged in ploughing their field, in the meantime, the accused duly armed with Tangi and Lathi came there and claimed the land in question. It is alleged that accused Arjun Mahato assaulted by means of Tangi to the informant's wife, as a result, his wife sustained injuries to her little finger of left hand and head, when the informant tried to stop, another accused Bhuwan Mahato, assaulted him over his head and knee by means of Lathi due to that his knee had been fractured. Further, case of the prosecution is that accused Pandoo Mahato, Pawan Mahato, assaulted Maninder Mahato, the son of the informant and on halla, nearby people reached and rescued them.
(3.) On the basis of said beyan, F.I.R. was registered under Sec. 324,325,354/34 of I.P.C. and investigation of the case commenced, after investigation police submitted charge sheet. After cognizance, case is committed to court of sessions. The learned court below, after commitment of the case, framed charge against the four accused persons for the offence punishable under Ss. 307/34 of IPC on 7/6/1999 including all the accused-appellants and after conducting the trial, the impugned judgment of conviction and order of sentence was passed, which is under challenge.