The central legal point established in the judgment is the interpretation of the nature of injuries and the absence of intention to commit murder, influencing the court's decision to convict the appellants under Section 324 of the Indian Penal Code instead of Section 307.

D. N. PRASAD, J.

( 1 ) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 22-2-1991 passed by 2nd Additional Sessions Judge, Dumka Camp at Jamtara in Sessions Case No. 441/12 of 1986/87 whereby and whereunder the learned Trial Court convicted appellant Nos. 1 and 2 under S. 307 of the Indian Penal Code whereas appellant No. 3 was convicted under S. 323 of the Indian Penal Code and appellant Nos. 1 and 2 were sentenced to undergo rigorous imprisonment for seven years under Section 307 of the Indian Penal Code, whereas appellant No. 3 has been released on furnishing a probation bond of Rs. 2,000. 00 with two sureties of the like amount with a direction to keep peace and be of good behaviour for one year.

( 2 ) THE case of the prosecution in brief is that on 23-8-1986 at about 11. 30 a. m. while the informant Gujar Turi was returning home and reached near the house of accused Sarjug Turi, all of a sudden, all the four accused persons including the appellants surrounded him and started assaulting him. Appellant No. 1 (Sarjug Turi) assaulted him with Dab whereas appellant No. 2 Chaturi Turi also assaulted with Dab and appellant No. 3 Bideshi Turi assaulted with Danda. It is also alleged that the appellants assaulted the informant only because of enmity between the parties. On hulla, the mother and wife of the informant rushed to the spot and they took him to the hospital thereafter treatment was made by the Doctor. The police investigated into the case and submitted charge sheet under Sections 323, 324 and 307/34 of the Indian Penal Code. All the accused persons appeared before the Trial Court. Charges were framed accordingly under Sections 323, 324 and 307/34 of the Indian Penal Code against the accused/appellants, to which they pleaded not guilty. It may be mentioned here that accused Narayan Turi was not found guilty of the charges framed against him and, accordingly, he is acquitted of all the charges.

( 3 ) THE witnesses were examined in the Trial Court and after hearing both sides the learned trial Court convicted the accused/appellants in the manner as stated above.

( 4 ) ALTOGETHER seven witnesses have been examined on behalf of the prosecution in its support of whom P. W. 6 is the Doctor who examined the injured/informant and found the following injuries on his person :-"1 (A) Linear incised wound 1/4" length at distal Phalanx ventral surface ring finger left hand; (b) Linear incised wound 1/4" length at distal phalanx ventral middle finger left hand; (c) Incised wound 1/2" x 1/8" x skin deep at proximal plalanx ventral aspect index finger left hand; (d) Incised wound 1" x 1/6" x skin deep at distal phalanx ventral aspect left index finger. (e) Incised wound 1/2" x 1/4" x skin deep at Proximal Phalanx ventral aspect left thumb (hand ). 2. Lacerated wound 11/2" x 1" x skin deep at upper portion of left fore arm. 3. Linear abrasion 8" at upper half of back. 4. Incised wound 11/2" x 1/2" x skin deep at left temporal region face. 5. Lacerated wound 1" x 1/6" x skin deep at left front parietal region of scalp". All the injuries were found to be simple in nature whereas injuries No. 1, 3 and 4 were caused by sharp cutting instrument may be Dab or Katari and injuries No. 2 and 5 were caused by hard and blunt substance may be lathi. The injury report has been marked as Ext. 2.

( 5 ) P. W. 1, the mother of the informant stated that she rushed to the spot on hulla of her son Gujar Turi and found him in injured condition. Her son was taken to the hospital for treatment. Her son was assaulted because of enmity with the accused persons. She stated that Sarjug Turi (appellant No. 1) assaulted with Dab/farsa. She stated in her cross-examination that she was also examined by the police and she has stated before the police that appellants No. 1 and 2, Sarjug Turi and Chutri Turi had Dab/farsa at the relevant time. Chutri Turi is the son-in-law of Sarjug Turi.

( 6 ) P. W. 2, the wife of