Pradeep Kumar, J. - (1.) HEARD learned Counsel for the appellants and learned Counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 18.03.2002 passed by Shri Basant Kumar Goswami, learned 2 Additional District and Sessions Judge, Seraikella in Sessions Trial Case No. 288 of 1994, by which judgment, he found the appellants guilty for the offence under Section 324 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year to appellant No. 1, Ajay Kumar Singh and appellant No. 2, Sanjay Kumar Singh and o undergo nine months simple imprisonment to appellant No. 3, Nagendra Thakur. It is submitted by learned Counsel for the appellants that it will appear from the evidences as well as from the medical evidences, that only simple injuries were caused to the injured P.W.1, Ramsurat Shukla, the informant from some hard and blunt substance. In that view of the matter, the conviction and sentence under Section 324 of the Indian Penal Code is bad in law and only fit to be set aside.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submitted that all the witnesses have proved the fact that with the intention to cause death, the Accused persons, three in numbers, assaulted the informant, and as such, they have rightly beer convicted, although no case under Section 307 of the Indian Penal Code was found.;