K P Deo, J. - (1.) Heard learned counsel for the appellants and learned counsel for the State.
(2.) The instant Criminal appeal has been preferred against the Judgment of conviction and order of sentence, both dated 19.11.2003, passed in Sessions Case No.240 of 2000, passed by the learned Addl. Sessions Judge, Fast Track Court No.1, Dhanbad, whereby all the above named four appellants have been convicted for the offence punishable under Sections 337 and 447 of the Indian Penal Code and further appellant No.1, Rabindra Nath Thakur has further been convicted under Section 324 of the Indian Penal Code, but they have been released under Section 4(1) of Probation of Offenders Act by directing to execute a personal bond of Rs.3,000/- along with a surety of the same amount each for maintaining peace, tranquility and good behaviour for two years. Against the said impugned judgment of conviction and order of sentence, both dated 19.11.2003, the appellants have preferred the present Criminal Appeal on 05.01.2004, which has been admitted on 19.03.2004 by this Hon'ble Court and since then, the matter is pending.
(3.) The prosecution case is based upon the written report of Sri. Narayan Singh (P.W.3) before the Officer-in-Charge, Dhanbad Police Station, Dhanbad, stating therein that, on 18.03.1999, his neighbour Ravindra Nath Thakur alias Ravindra Thakur was in the house, adjacent to the house of the informant. Both sons and both daughters of Ravindra Nath Thakur climbed over the boundary wall to pluck guava from the tree planted in the house of the informant. On protest made by the family of the informant, all the accused persons entered into the house of the informant by climbing over the boundary wall and assaulted them. Rabindra Nath Thakur having "bhala" assaulted the daughter of the informant in her hand, causing bleeding injury. Both sons of Rabindra Nath Thakur, namely, Hari Thakur and Ravi Thakur and both daughters assaulted them by pelting stones causing injury to the informant also. On the basis of the aforesaid "fardbeyan" of the informant, the Police instituted First Information Report being Dhanbad P.S. Case No. 191 of 1999 (dated 18.03.1999) corresponding to G.R. No.843 of 1999 under Sections 452, 337, 323, 326, 307/34 of the Indian Penal Code.;