Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants, Mr. Amrendra Kumar assisted by Mr. Manoj Kumar No. 2, Advocates and learned counsel for the State, Mr. Mukesh Kumar, learned Additional Public Prosecutor.
(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 05.11.2003, passed by 6th Additional District Judge, Dumka in Sessions Case No. 282 of 1996/84 of 2003, whereby the appellants have been convicted by the learned Trial Court for offence punishable under Section 324/149 of the Indian Penal Code and awarded rigorous imprisonment for one year. The present Criminal appeal has been preferred on 29.01.2004 and has been admitted on 19.05.2004 and the provisional bail granted to the appellants by the court below, vide order dated 5.11.2003 has been confirmed. Since then, the matter is pending before this court.
(3.) The prosecution case, is based upon the fardbeyan of the informant, Jeena Rai (P.W.9), recorded by S.I., Sri. Rampreet Prasad of Dumka (T) police station, on 04.10.1995 at 2.30 p.m., at Sadar Hospital, Dumka, regarding the occurrence, alleged to be occurred on 04.10.1995 at 8.00 a.m. at village Gaibathan, P.S- Jama, Distt.-Dumka and formal F.I.R. was drawn on the same day at 4.30 p.m., against the appellants/accused persons. The brief facts is, that on 04.10.1995 at 8.00 a.m. the informant, Jeena Rai, his nephew Budhu Rai, Pusoo Rai, Lodhi Rai and the wife of Budhu Rai namely Champa Devi, his son Gudri Rai and others were present at the plot located in village Gaight, having its Jamabandi No. 22, of the said village to construct a house. It is stated that when the informant and others were digging foundation on the said land, the accused/appellants persons came there and they prevented them to construct house over the said land. After this, the appellants/accused persons returned and they have climbed over the roof of the house of Podo Pal, from where they shot arrow, which hit on the chest of informant. Further an arrow blow inflicted, on the armpit of the Budhu Rai and Champa Devi also sustained arrow blow, on her breast. These three persons became injured and they came at Sadar Hospital, Dumka for their treatment, where the informant gave his fardbeyan before S.I. Dumka (T) Police Station. ;