JUDGMENT :

1. Both the criminal appeals arise out of the same incident therefore, they are heard analogously and are being disposed of by this common judgment.

2. Both the criminal appeals have been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 31.01.2002 passed by 2nd Additional Sessions Judge (FTC) Bemetara, District Durg in Sessions Trial No. 143 of 1998 and 379 of 1996, respectively, whereby the appellants in both the cases have been convicted and sentenced in the following manner:-

In CRA No. 140 of 2002.

Conviction Sentence

U/s. 326 IPC RI for 4 years and fine of Rs. 5000/- in default of payment of fine to further undergo RI for 1 year.

In CRA No. 177 of 2002.

Conviction Sentence

U/s. 147 IPC RI for 3 months.

U/s. 323/149 IPC RI for 3 months for injured Hotidas

U/s. 323/149 IPC RI for 3 months for injured Panchram

U/s. 323/149 IPC RI for 6 months in default of payment of fine to further undergo

RI for 1 month with a direction to run the sentences concurrently.

3. During pendency of the Criminal Appeal No. 177 of 2002, appellant namely Dhruv Das died, therefore, Criminal Appeal No. 177 of 2002 with regard to appellant No. Dhruv Das is dismissed as abated.

4. In CRA No. 140 of 2002, case of the prosecution in brief are that on 07.03.96, Dhruv Das was injured by the bull and he was taken to Hospital Bemetara for treatment by Ramesh and Kartik. On 08.03.96 at about 2 O'clock, after treatment of Dhruv Das, they were returning to their village then at village Hathmundi, suddenly, the appellant in furtherance of common intention came there and assaulted them by tabbal and lathi. It is alleged that appellant Vedram caused injury on the left hand of Kartikram by tabbal as a result of which, his right hand got chopped off from the wrist and other accused assaulted him with lathi. Accused Kashi caused injury by tabbal on the head of Dhruv Das. Thereafter, FIR (Ex.P-1) was lodged by Ramesh in Police Station Bemetara and during investigation, blood stained & plain soil were seized from the spot vide Ex.P-2 and Ex.P-3. Cut left hand of Kartikram was sent for medical report vide Ex.P-4 and injured Dhruv Das and Kartikram were sent for medical treatment vide Ex.P5 and Ex.P-6 and received report. Cloths of accused Vedram, Panchu, Hoti, Panchram were seized under vide Ex.P-16. Clothes of injured Kartikram and Dhruv Das were also sent for medical and thereafter reports were received vide Ex.P-7. Thereafter, query was put to the doctor whether the injuries caused to the injured were dangerous to cause death (Ex.P-8). Bullet Motor Cycle was seized from Panchram under Ex.P-15, Map (Ex.P-18). X-ray of injured Dhruv Das was taken under (Ex.P-10) and report thereof was received vide Ex.P-9 and Xray of injured Kartikram was taken under Ex.P-12 and report therefrom was received under Ex.P-11 and the seized articles were sent for forensic examination and report thereof was received under Ex.P-4. On completion of investigation, charge sheet under Section 326 IPC was filed against the accused/appellant and accordingly the charges were framed by the trial Court against him.

5. In CRA No. 177 of 2002, case of the prosecution, in brief is that on the date of incident, cattle of the accused persons entered into the field of complainant and destroyed the standing crops, because of this complainant namely Vedram, Hoti, Panchu and Panchram were going to Kanji house at Bemetra for admitting the cattle. Thereafter the appellants in furtherance of common intention came at village Hathmundi assaulted them by tabbal and lathi causing injuries to the complainants. On the report of Panchram, FIR (Ex.P-1) was lodged by PW-3 in Police Station Bemetara. Tabbal and lathies were seized vide Ex.P-1. Injured Panchram, Panchuram, Vedram and Hotidas were sent to medical examination under Ex.P-3 to Ex.P-6 thereafter reports were received. A query was put to the doctor whether injuries