Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The instant Criminal appeal is directed the judgment of conviction dated 26.02.2004 and order of sentence dated 27.02.2004, passed in Sessions Case No.28 of 1991 (arising out of Govindpur P.S. Case No.260 of 1988 corresponding to G.R. No.2357 of 1988) by the learned Addl. District & Sessions Judge, Fast Track Court-III, Dhanbad, whereby the sole appellant, Babulal Murmu has been convicted for the offence committed under Section 458 of the Indian Penal Code and awarded rigorous imprisonment for 5 years and a fine of Rs.2,000/- and also for the offence under Section 323 I.P.C., awarded rigorous imprisonment for one year and both the sentences are directed to run concurrently. However, the appellant has been acquitted for charge under Section 307 I.P.C.. Against the aforesaid judgment of conviction and order of sentence, the instant appeal has been preferred before this Court.
(3.) The prosecution case, as alleged, in the First Information Report submitted by the informant, Yamuna Prasad Singh on 14.10.1988 alleging therein that on 13.10.1988 at 1.30 a.m. in the night, 2-3 persons came at the door and raised hulla, upon which his wife, Hit Kumari (P.W.1) opened the door and thereafter the accused persons entered into the house. They assaulted the informant by lathi and stone on the head and mouth of the informant, who became injured and fell down. On raising hulla by his wife, the accused persons fled away. The informant has alleged against Naresh Singh, regarding land dispute for the last 10-15 days as he did not want to sell out the same. The informant has suspicion that persons of Naresh Singh have committed such offence by entering into the house in late night. On the basis of the written report of the informant, the Police instituted Govindpur P.S. Case No.260 of 1988 (dated 13.10.1988) under Sections 452/323/307 of the Indian Penal Code.;