Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants, Mr. N.P. Choudhary and Mr. S.K. Pandey, learned Additional Public Prosecutor, appearing for the State.
(2.) The present criminal appeal is directed against the judgment of conviction and order of sentence, both dated 03.06.2005, passed by learned Sessions Judge, Deoghar, in Sessions Trial No. 67 of 2001, whereby both the appellants have been convicted under Sections 324/34 and 341/34 of the Indian Penal Code and awarded sentence of rigorous imprisonment for two years with a fine of Rs.500/- each and in default of payment of fine further simple imprisonment for one month for the offence committed and punishable under Section 324/34 of the Indian Penal Code. Both the convicts have further been awarded simple imprisonment for one month each for the offence committed and punishable under Section 341/34 of the Indian Penal. Both the sentences are directed to run concurrently.
(3.) The prosecution case is based upon written report submitted by informant, Md. Mobin Ansari, P.W.-3, before the Officer-in-charge, Chitra police station (Sarath) on 10.06.2000, alleging therein that today (10.06.2000) at around 08:00 A.M., while the informant was ploughing his field, Puran Thakur and his son Manoj Thakur, resident of villageSaranda, came there and without asking anything caught hold the informant and Manoj Thakur having knife in his hand, assaulted the informant on left side of the head causing bleeding injury and thereafter assaulted on the right side of the neck causing injury. The informant has further stated that in the meantime, Puran Thakur also started assaulting the informant by stone causing injury because of which informant fell down on the ground. On brawl the villagers namely, Rathat Ansari and Manjoor Ansari came there for rescue of the informant. The informant has further stated that, the accused persons also took away the bullocks of the informant. It is further alleged that a litigation is pending with respect to land dispute with the accused persons.;