- (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 28.02.2002 passed in S.T. No. 214 of 1992 by Shri S.N. Prasad, 2nd, Additional Sessions Judge, FTC, Chaibasa, by which judgment he found the appellants guilty under Section 323/34 of the I.P.C. and sentenced him to undergo R.I. for one year and he also found guilty under Section 324/34 of the I.P.C. and sentenced him to undergo R.I. for two years, all the sentences have been run concurrently.
(3.) It is submitted by learned Counsel for the appellant that it appears from the evidence of the witnesses that it is admitted case of land disputes between the parties since long. On the date of occurrence there is a case and counter case from both sides. It will also appear that prosecution failed to .examine the doctor and in absence of injury or injury report the conviction under Section 324 of the Indian Penal Code is bad in law and fit to be set aside.;