Kailash Prasad Deo, J. - (1.) Heard, learned counsel for the appellant, Mr. Anil Kumar Sinha and Mr. Tapas Roy, learned Additional Public Prosecutor, appearing for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 17.12.2002, passed by the learned Additional District & Sessions Judge-1st, Fast Track Court, Giridih, in Sessions Trial Case No. 129 of 2000 / T. R. No.180 of 2002, whereby, sole appellant has been convicted for the offence committed and punishable under Sections 341, 323, 325 and 504 of the Indian Penal Code and awarded Rigorous Imprisonment for three years for the offence committed under Section 325 of the Indian Penal Code, rigorous imprisonment for six months for the offence committed under Section 323 of the Indian Penal Code, simple imprisonment for 15 days for the offence committed under Section 341 of the Indian Penal Code and simple imprisonment for one year for the offence committed under Section 504 of the Indian Penal Code. All the sentences are directed to run concurrently.
(3.) The prosecution case, is based upon, written report submitted by Bansi Gope (P.W.13) before the officer-in-charge, Bagodar Police Station, Giridih, on 26.02.1999, wherein, the informant has stated, that today i.e. on 26.02.1999 at about 9.00 P.M. he was going to his house from the railway station and on the way he went to the shop of the accused Ram Lakhan Mandal and asked for a cigarette and a betel, on which Ram Lakhan Mandal demanded money. The informant gave him a note of Rs.10/- but the accused threw the note towards him and asked to give change. While the informant was picking up the note, said to the accused, that instead of throwing the note of Rs. 10/- he should have returned the same to him and thus altercation took place with exchange of words. In the meantime Bandhan Mandal, father of accused, asked him to beat the informant, upon which the accused Ram Lakhan Mandal took out iron khanti and started assaulting the informant indiscriminately. As a result the informant sustained injury on his head and left leg, which got fractured and also sustained injury on his right leg and other parts of the body. The informant fell down on the ground, whereupon the accused, Ram Lakhan Mandal and his father, Bandhan Mandal pressed him. The informant raised brawl and became unconscious, on which his family members and nearby persons came and took him to Sariya Hospital, where he was treated and when he got sense, persons present there told him that Ram Lakhan Mandal and his father fled away after scattering the articles of there own Gumti.;