Kailash Prasad Deo, J. - (1.) Heard, Mr. Bijay Kumar Sinha, learned counsel appearing for the appellants and Mr. Vikas Kishore, learned Additional Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction dated 28.01.2004 and order of sentence dated 29.01.2004, passed by the learned Additional Sessions Judge, F.T.C. 3rd, Bokaro, in S.T. Case No.13 of 1999, whereby Pasu Mandal (appellant No.1) has been convicted for the offence committed and punishable under Section 323 I.P.C. and awarded to undergo rigorous imprisonment for six months and Fagu Mandal (appellant No.2) has been convicted for the offence committed and punishable under Sections 326/34 I.P.C. and awarded rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- and in default of payment of fine amount, to further undergo rigorous imprisonment for six months.
(3.) The prosecution case, is based upon the 'fardbeyan' of the informant, Dhiren Mandal (P.W.4) recorded by Sub Inspector of Police, Sarfuddin Ahmad of Pindrajora Police Station, at 12.10 hours, on 20th October 1998, at Ideal Nusing Home, Chas. The informant has alleged, that today, in the morning at about 8 a.m., on 20.10.1998, while the wife of Ganesh Mandal was abusing in the passage, his younger brothers, Manindar Mandal (P.W.1) and Biren Mandal (P.W.3) asked her that, why she is abusing them, as the land dispute is pending before the Court and the judgment will be followed by them. In the meantime, Ganesh Mandal having lathi, son of Ganesh Mandal, namely, Fagu Mandal (appellant No.2) having sword, came there and without asking anything, assaulted brother of the informant, Biren Mandal causing grievous bleeding injury. His entire body was stained with blood. When the informant went for rescue, then Ganesh Mandal assaulted the informant on the palm of right hand, causing fracture on the same. Brother of the informant, namely, Biren Mandal (P.W.3) was assaulted by sword with intention to kill, on the right palm, right leg near knee, back side of the thigh of left leg and middle finger of right hand was chopped up. The informant has further alleged, that the occurrence took place because of the land dispute, which is pending before the Court and on brawl, the other persons came, thus both the accused persons fled away and thereafter accused, Pasu Mandal, another son of Ganesh Mandal, also came there and assaulted the informant with lathi.;