Rongon Mukhopadhyay, J. - (1.) Heard Mr. P. K. Jha, learned counsel appearing for the petitioners and Mr. P. K. Appu, learned A.P.P., for the State.
(2.) This application is directed against the judgment dated 16-2-2005 passed in Criminal Appeal No. 64 of 1999/11 of 2004 by the learned VIIth Additional Sessions Judge, (F.T.C. No. 4), Godda whereby and whereunder the judgment and order of conviction passed by the learned 1st Assistant Sessions Judge, Godda in Session Case No. 100 of 1997/34 of 1997 convicting the petitioner No. 1 for the offences under Sections 326, 341 of the Indian Penal Code has been affirmed and so far as the rest petitioners are concerned, their conviction under Sections 323 and 341 of the Indian Penal Code has been affirmed whereas the conviction under Section 307/34 of the Indian Penal Code against all the accused persons and Sections 326 of the Indian Penal Code against the petitioner Nos. 2, 3 and 4 have been set aside.
(3.) The allegation in the First Information Report reveals that on 14-6-1996 at about 3.00 p.m., when the informant had gone to plough his field with oxen along with his younger brother Gurupado Mandal, the accused persons had come variously armed. It is alleged that the petitioner No. 1 was armed with a Tangi whereas the remaining accused were armed with Lathi. The accused persons had asked the informant as to why he was ploughing the field to which he replied that the land was his ancestral land. It is alleged that the petitioner No. 1 had got infuriated and gave a Tangi blow on the head of the informant. Further allegation has been levelled that the other accused persons had assaulted him with Lathi and on alarm when the villagers assembled the accused persons fled away.;