Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the appellants and learned Counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 15.10.2001 passed by Sri Amod Prasad Ram, Sessions Judge, Koderma in Sessions Trial No. 369 of 1995 by which judgment all the appellants have been convicted Under Section 147 of the I.P.C. and sentenced to undergo R.I. for 1 year. Further, they are also convicted Under Section 323 of the I.P.C. and sentenced to undergo R.I. for 6 months. Both the sentences were directed to run concurrently. It is submitted by learned Counsel for the appellants that it will appear from the prosecution case that no assault was made with intention to cause the death of the informant and her husband and it was not believed by the trial court also and the trial court acquitted the appellants Under Section 307, 448, 504 and 325 of the I.P.C. He has further submitted that there is a family dispute front before with regard to the partition of properties between the two families. They are agnates and offspring of the same family and some dispute took place. Accused party attempted for calling the village Sarpanch, Meghlal Sao -Appellant No. 4, who is dead now, but the prosecution instead of coming to a compromise and solution, falsely implicate the appellants Hence, the conviction of the appellants are bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the state as also learned Counsel for the informant have submitted that the injured persons were medically examined and it will appear that the husband of the informant, P.W.1 received grievous injury and the trial court has rightly convicted the appellants and the judgment of the tried court requires no interference by this Court.;