Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the Appellants and the learned Counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 21.11.2002 passed in S.T. No. 257 of 1996 by Shri C. Tanti, 4th Additional Sessions Judge, Dumka by which judgment he found the Appellants guilty under Sections 147 and 323 of the Indian Penal Code and released under Section 4 of Probation Offender Act on their entering into a bond of Rs. 2000/ - with one sureties for a period of one year to appear and receive sentence when called upon during such period. It is submitted by learned Counsel for the Appellant that it is a case and counter case, where fighting between them and both sides received injury. The informant himself admitted in his evidence that when he reached police station he saw accused persons there. He also admitted that occurrence took place due to land dispute and according to the informant the accused persons forcible grabbed the land on which informant had obtained the decree from the Court of Commissioner, Bhaglapur. He himself admitted that in his evidence he is an accused in the case of Ram Prasad Pandit, which is also with respect to the same occurrence and as such, his conviction is bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submits, that all the witnesses proved that there is a case and a counter case and admits that there was fighting between them. In that view of the matter, conviction under Sections 147 and 323 of the Indian Penal Code is rightly founded after the conclusion that since in the absence of medical proof the accused persons cannot be found guilty under Sections 307 and 324 of the Indian Penal Code.;