Pradeep Kumar, J. - (1.) By Court,.
(2.) THIS appeal is directed against the judgment of conviction dated 20.12.2002 and order of sentence dated 21.12.2002 passed by Shri Brajesh Kumar Gautam, Additional District & Sessions Judge, (Fast Track Court -II), Palamau at Daltongarj in Sessions Trial No. 68 of 1998, by which judgment he found the Appellant Nos. 1 and 2, namely, Gulam Khaza and Jafrul Haque guilty under Sections 307 of the Indian Penal Code and sentenced them to undergo 5 years of R.I. and he also found the other Appellant Nos. 3 to 7, namely, Azazul Haque, Hamid Akhtar, Shahid Akhtar, Munzirul Haque, Mahfuzul Haqve under Sections 307/149 of the Indian Penal Code and sentenced them to undergo R.I. for three years. All the accused persons are sentenced to undergo 1 year R.I. for an offence under Section 147, 1 year R.I. for an offence under Section 148, 1 year R.I. for an offence under Section 323, 1 year R.I. for an offence under Section 324 and 1 month S.I. for an offence under Section 341 I.P.C. It is submitted by the learned Counsel for the Appellants that it will appear from the medical report that no grievous injury caused to anybody and the doctor, in his cross -examination, at para 11 stated that the injuries were simple in nature and could have been caused by fall over any sharp pointed Khunta. In that view of the matter, the conviction of the Appellants under Section 307 of the Indian Penal Code is bad and only fit to be set aside. It is further submitted that there was no intention to cause death to anybody and there was fight from both sides due to land dispute and the F.I.R. has been lodged from both sides and the injuries from both sides have been proved. It is further submitted that the prosecution his failed to prove and explain the injury on the person of the Appellants, Gulam Khaza and Azazul Haque and as such the prosecution case has not been proved beyond reasonable doubt and they are only fit to be acquitted from the charges.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submitted that there is direct allegation of assault against all the Appellants that they jointly came and assaulted the injured and witnesses and as such they have rightly been found guilty and convicted under Section 307 and other Sections of the Indian Penal Code and it requires no interference by this Court.;