RATNAKER BHENGRA,J. - (1.) The present appeal is directed against the judgment of conviction dated 04.02.2003 and order of sentence dated 05.02.2003 passed by Sri P.K. Shrivastava Ivth Additional Sessions Judge, Bokaro in Session Trial No. 309 of 1994 whereby and whereunder the learned Ivth Additional Session Judge, Bokaro convicted the appellants under section 307 / 34 of the Indian Penal Code and sentenced them R.I. for seven years and also a fine of Rs. 1000 each. In default of payment of fine, a further rigorous imprisonment for 6 ( six) months in addition to their substantive punishment was ordered. The fine if realized was to be paid to the informant. Period of detention undergone by the accused was to be set off against the sentence of imprisonment.
(2.) The prosecution case as stated by Jeevan Turi P.W. 5 in his written report to the Officer-in-Charge dated 09.04.1993 is that round about 1 O'clock on the same date he came to know that some persons were digging foundation near his house on the land of Manjhi people for getting possession. Because he used to look after the land, he along with his father Suchand Turi moved towards the aforesaid land. He saw that Fekan Turi, Bhunu Turi and Makun Turi were digging foundations for bordering or fencing the said land. He told them to resist from digging and his father said to them that when this land does not belong to you then why you people are trying to fence it. On this they become angry and started abusing them and Bhunu Turi caught hold of his father and said "MARO SALO KO." On that Makun Turi assaulted with tangi on his father Suchand Turi due to which there was injury on his head and blood started oozing out. Then Fekan Turi procured a sword from some where. Informant moved towards his father to save him but Fekan Turi assaulted him with sword due to which he received injuries on his right hand fingers and on his left hand wrist and blood started ozzing and to save themselves they fled away from the place of occurrence. This incident was seen by people from the neighbourhood.
(3.) On the basis of the written report of Jeevan Turi, Balidih P.S. Case No. 26 of 1993 dated 09.04.1993 was registered for offences under sections 341 , 323 , 324 , 326 and 307 read with section 34 of the Indian Penal Code against the accused persons.;