Jitendra Kumar, J.—The present appeal has been preferred by the informant impugning the judgment of conviction and order of sentence dated 22.07.2023 passed by the learned Additional Sessions Judge-V, East Champaran at Motihari in Sessions Trial No. 573 of 2010 (CIS No. 2228 of 2016), arising out of Town P.S. Case No. 160 of 2007, whereby respondent No. 2 Mithu Raut, respondent No. 3 Chhotan Raut and Respondent No. 4 Pappu Raut have been convicted under Section 323 of the Indian Penal Code and respondent No. 5 Lalan Raut has been convicted under Section 324 of the Indian Penal Code, but all the respondents/accused have been acquitted of charge under Sections 307 and 379 of the Indian Penal Code and respondent Nos. 2 to 4 have been released under Section 3 of the Probation of Offenders Act whereas respondent No. 5 has been released on bond under Section 4 of the Probation of Offenders Act.

2. The prosecution case as emerging from the Fardbeyan of the informant/appellant Ram Ekbal Raut as recorded by ASI Mundrika Prasad of Town P.S. Motihari, on 19.06.2007 at Sadar Hospital, Motihari, is that at about 9:30 P.M. on 18.6.2007, the informant was sitting in the corridor of his house along with his family members. In the meantime, the appellants/accused Lalan Raut, Pappu Raut, Chhotan Raut and Mithu Raut carrying arms in their hands came there abusing them and stating that they were not paying Rs.25,000/- despite their demand and while stating this, Lalan Raut attacked on the head of Arjun Kumar, son of the informant, by Farsa causing injury on his head and bleeding. Thereafter, respondent/accused Pappu Raut, Chhotan Raut and Mithu Raut caught hold of the informant and also called ones Shivji and Munna Raut. It is further alleged that Shivji Raut attacked the informant with spear (Bhala) with intent to kill him. However, he sustained injury on the elbow. They also assaulted him by lathi, danda and fists causing injury to him and bleeding from his nose. His son Arjun got unconscious and fell on the ground. Thereafter, all the accused/respondents entered into his house and took away ornaments by breaking the lock of his box. On hulla, the persons of the locality viz. Ajay Raut, Sanjay Raut, Adhikari Devi and other persons came on the place of occurrence. Seeing these local persons, all the accused/respondents fled away.

3. On the basis of the fardbeyan, Town P.S. Case No. 160 of 2007 was registered against five accused persons namely, Lalan Raut, Pappu Raut, Chhotan Raut, Mithu Raut and Shiv Ji Raut, for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 379, 504 and 307 of the Indian Penal Code.

4. After investigation charge-sheet bearing No. 285 of 2007 dated 30.06.2007 was submitted against the two respondents viz. Lalan Raut and Chhotan Raut. The accused Pappu Raut and Mithu Raut were not sent up for prosecution, whereas Shivji had died. However, cognizance of the offence was taken by the learned Magistrate not only against Lalan Raut and Chhotan Raut but also against Pappu Raut and Mithu Raut and the case was committed to the Court of Sessions and charges were framed under Sections 379, 323, 307 read with Section 34 of the Indian Penal Code against all four accused/respondent Nos. 2 to 5. The charges were read over to them, which they pleaded not guilty and claimed to be tried.

5. During trial, the following six witnesses were examined on behalf of the prosecution:

(i) P.W.-1-Arjun Prasad (son of informant)

(ii) P.W.-2- Radhika Devi (wife of informant)

(iii) P.W.-3-Santosh Kumar (son of informant)

(iv) P.W.-4-Jagdish Prasad (son of informant)

(v) P.W.-5-Ram Ekbal Prasad (informant)

(vi) P.W.-6-Dr. Alok Kumar.

6. The prosecution brought on record the following documentary evidences:

(i) Ext.-1-Signature of the informant on the fardbeyan;

(ii) Ext.-1/1 & 1/2 are the signature of the witnesses on the fardbeyan;

(iii) Ext.-2 is the injury report of injured no.1;

(iv) Ext.-2/a is the supplementary injury report;

(v) Ext.-3 is the inju