Ratnaker Bhengra, J. - (1.) All the appeals are heard together and are being disposed of in one judgment.
(2.) All the aforesaid three appeals have been directed against the judgment of conviction and order of sentence dated 1st August, 2003 passed by learned Additional District and Sessions Judge, 3rd Dhanbad in S.T. No. 50 of 1995 by which the appellants have been convicted under sections 341/34 and section 326/34 of the IPC and they have been sentenced to undergo Rigorous Imprisonment for one month under section 341 of IPC and Rigorous Imprisonment for five years under section 326 of the IPC. All the Sentences were ordered to run concurrently and period spent in custody during the trial was to be set off.
(3.) The prosecution case was as per the fardbeyan of the informant, Pradip Kumar Jha P.W. 3 is that on 11.05.1991 he was sitting in the verandah of his resident in Railway Quarter No. 354 A, Aari Colony Hariharpur Police Station, District- Dhanbad in the morning at 8.30 a.m. and reading. Around 9.00 a.m., Harun Mian @ Jawed of Kasai Mohallah called and took the informant towards the house of Mishraji. There three boys were already present from before, one of whom was Choudhari's son, whom the informant did not know his name. All were from Sihline, Hariharpur Police Station. All four surrounded the informant, and Harun took out a knife and assaulted the informant on the left side of the upper portion of his waist as a result blood oozed out. The informant screamed and the people reached there from the neighbourhood, but by then the accused persons fled. From there itself the informant was taken to the hospital. On the same day, at Railway Hospital, Gomoh, at 11.50 the fardbeyan of the informant was recorded by the officer-incharge Hariharpur Police Station.;