Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 16.12.2003, passed by learned Additional Sessions Judge, F.T.C., IInd, Bokaro in Sessions Trial No. 224/02, Suppl. Sessions Trial No. 49/03., whereby the appellant has been convicted by the learned Trial Court for offence punishable under Sections 323 and 324 of the Indian Penal Code and awarded rigorous imprisonment for three months and six months respectively and both the sentences are directed to run concurrently.
(2.) The instant criminal appeal has been preferred on 16.01.2004 and the provisional bail granted to the appellant has been confirmed on 09.04.2004, by this Hon'ble Court, since then the Cr. Appeal is pending before this Court.
(3.) The prosecution case is based upon the fardbeyan of Ravi Ranjan Kumar (P.W. 6), recorded by S.I. R.A. Singh of Bokaro Steel City Police Station on 16.12.2000 at 11.45 m., at Bokaro General Hospital, where the informant has alleged that, while informant along with his friend Sagar Suman were going to their school, at around 9.45 a.m. on a bicycle and reached near Sector- II/A, Kali Mandir, suddenly 7-8 boys came in front of them, forming unlawful assembly and with common intention of assault. They caught hold of both the persons, out of which, the informant could identify Mantosh Kumar Jha, Pakistani @ Ali Imam and Ranjay Kumar @ Rana. Informant has further alleged, that Mantosh Kumar Jha took out bhujali from his waist and on the order of Ranjay Kumar @ Rana, Mantosh Kumar, indiscriminately assaulted the informant by bhujali and other accused persons assaulted by fists and slaps. It is alleged that Mantosh Kumar Jha assaulted Ravi Ranjan Kumar on his head causing head injury. It is further alleged that Sagar Suman was also assaulted by bhujali but he saved himself by putting his right hand and thus, sustained injury on palm, of the right hand. It is further alleged that Pakistani @ Ali Imam has snatched silver chain from the neck of the informant. The informant has alleged, that on brawl, co-students Abhishek Daniel and the brother of the informant Sanjay Kumar came there, thereafter the accused persons fled away. The cause of occurrence is that on 15.12.2000, while the informant was going on his bicycle, some altercation took place between Mantosh and the informant on overtaking speed of the bicycle.;