This criminal appeal is preferred against the judgment of conviction and order of sentence dated 16th June, 2003, passed by the learned Court of 1st Additional Sessions Judge, Saraikella in S.T. No. 52/1992, whereby and whereunder, the learned Court of 1st Additional Sessions Judge has been pleased to convict the appellant for the offence under Section 324 of the Indian Penal Code and sentenced the appellant to undergo simple imprisonment of 3/2 years and Rs. 1,000/ - by way of fine for the offence under Section 324 of the Indian Penal Code and he further was sentenced to simple imprisonment for one month in default of payment of fine.

2. Prosecution case, as given in the fardbeyan of Sarad Chandra Mahto, son of Ganesh Mahto of village Baradhouladih, PS Rajnagar, District-Singhbhum, recorded by ASI, R.B. Singh of Rajnagar police station on 26.08.91 at 22:15 hours at PHC Rajnagar, is that the said Sarad Chandra Mahto on Monday at around 10:15 p.m. has given his statement and he has stated that he was going home at around 5:00 p.m. after returning from his agricultural field and when he reached near the house of Dewa Mahto then he saw that Hari Mahto and Mohe Mahto were fig