Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants, Dr. H. Waris and Mrs. Sadhana Kumar, learned Additional Public Prosecutor, appearing for the State.
(2.) The present criminal appeal is directed against the judgment of conviction, dated 11.02.2004 and order of sentence, dated 12.02.2004, passed by learned Sessions Judge, Pakur, in Sessions Case No. 16 of 2003, whereby the appellants have been convicted for the offence committed and punishable under Sections 307/34 and 323/34 of the Indian Penal Code and awarded rigorous imprisonment for seven years for the offence committed and punishable under Section 307/34 of the Indian Penal Code and rigorous imprisonment for six months for the offence committed and punishable under Section 323/34 of the Indian Penal Code. Both the sentences are directed to run concurrently.
(3.) The prosecution case is based upon fardbeyan of informant, Shish Mohammad (P.W.-9), recorded by Kamlapati Singh, Officer-in-charge, Pakur (M) police station on 19.05.2002 at 11:30 hours. The informant has alleged that today on 19.05.2002 at about 09:30 A.M. co-villagers namely, Kayum Sheikh, Akat Sheikh, Mijad Sheikh, Jarul Sheikh and Akhtar Sheikh were plucking the palm fruit from the palm tree of the informant standing in the western bahiyar of the village and eating the same. The informant's mother namely, Jahanur Bewa (P.W.-6) went there and objected to it whereupon accused Kayum Sheikh and Akhtar Sheikh assaulted her badly by means of lathi, causing injury. When the informant alongwith his brother Jhantu Sheikh (P.W.-7) went there to save his mother, accused Kayum Sheikh and his son Jarul Sheikh assaulted the informant and his brother Jhantu Sheikh with lathi, causing grievous injury. The accused persons have assaulted the informant on his head, right hand, back, left leg and middle finger of right hand and also assaulted his mother on head, both legs and left hand, causing bleeding injury. The informant's brother Jhantu Sheikh, after being assaulted, was caught hold by the accused persons. The informant alongwith his mother somehow managed to come to the police station by a rickshaw. The informant has further alleged that the occurrence took place because of pendency of the civil suit with respect to land and palm tree.;