- (1.) HEARD learned counsel for the appellants and learned counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 18th June, 2002 passed by Shri Gautam Mahapatra, Additional District & Sessions Judge, F.T.C. No. IV, Bokaro in Sessions Trial No. 495 of 1995 by which judgment learned Additional Sessions Judge found the appellants guilty under Sections 307 & 148/34 of the Indian Penal Code and sentenced them to undergo R.I. for three years under Section 307 and one year under Section 148 of the Indian Penal Code. It is submitted by learned counsel for the appellants that it will appear from the evidence of the witnesses that they are agnates and they had land dispute and there is case and counter case for the offence of the same day; only to save themselves, fake counter case was lodged by the accused Mahadeo Modi. The informant has filed this false case. Moreover he has submitted that grievous injury was reported by the doctor in his injury report and subsequently on the basis of X - ray report, although X -ray photo was not proved nor the doctor who examined injury had referred the matter for X -ray, the doctor stated that injury no. 4 was grievous in nature and the appellants have been convicted under Section 307 of the Indian Penal Code. Although there was no intention to cause murder of anybody since only simple injuries were found and as such the conviction is bad in law and fit to be set aside.
(3.) ON the other hand learned counsel for the State submitted that due to land dispute this occurrence had taken place and witness had proved that the accused persons assaulted P.W. 2 Bhario Modi with intention to cause him death and as such they have been rightly convicted under Section 307 of the Indian Penal Code.;