Ratnaker Bhengra, J. - (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 5th February, 2003, passed by the Additional Sessions Judge, Fast Track Court No.4, Hazaribag in connection with S.T. no. 55 of 1994 corresponding to G.R. Case no. 819 of 1987, Barhi P.S. Case no. 72 of 1987, whereby the appellant Nos. 1 & 2 have been sentenced to undergo R.I. for three years each for the offences punishable under section 452/34 IPC and six months each for the offence punishable u/s 323/34 IPC and appellant no. 3 sentenced to undergo R.I. for three years u/s 452 IPC and also sentenced to undergo R.I. for two years u/s 324 IPC and six months u/s 323 IPC. All the sentences were directed to run concurrently.
(2.) The prosecution case, in brief, as per fard-beyan of the informant , Shanti Devi, PW-2, is that on 29/30.4.1987 at about 12:00 O'clock night at village Tiril Tola Singhania P.S. Barhi District Hazaribag, all of a sudden the accused-persons after giving kick to the door of the house of the informant entered inside the house and came near the husband of the informant who was sleeping on a cot. It has been alleged that the accused Akbar Mian pressed her husband and the accused Khalil Mian with an intention to kill him started stabbing with knife on his face and was also saying that "sala mukadma larta hai, aaj khatm kar denge". Due to the alleged assault the husband of the informant sustained injuries. When the informant wanted to raise alarm she was also threatened by the accused-persons to be killed and they fled away. Thereafter, the informant raised alarm and at this witnesses Nageshwar Mahto, Babuni Mahto and Pokhan Mahto reached there to whom she stated about the alleged incident. According to the informant the alleged assault took place because there was existing land dispute between them
(3.) The matter was reported to the police and the police recorded the fard-beyan of the informant Shanti Devi. The police after investigation submitted charge sheet u/s 452,307,326,379 and 323/34 IPC against the present accused-persons and thereafter cognizance was taken and the case was committed to the Court of Sessions. Accordingly charges were framed U/s 379,326,452/34,307/34 and 323/34 IPC to which they pleaded not guilty and claimed to be tried. The prosecution examined altogether five witnesses in this case. At the conclusion of trial appellants were convicted and sentenced as aforesaid. Hence, this appeal.;