The central legal point established in the judgment is the requirement for clear and credible evidence to prove guilt beyond reasonable doubt, especially in cases involving the classification of weapons and the application of specific provisions of the Indian Penal Code.

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 fighting with each other. Then he went to make peace between them and when he told them to desist from fighting, they got into altercation with him and said because of this cheat, our disputes keep taking place and so kill him. Just then, from the same village Makru Mahto and Pawan Mahto both came, carrying iron rod and stick respectively and started assaulting him. Makru Mahto came with Tawla (sharp cutting weapon) and said that today his life will be taken and assaulted him on his head, due to which, he fell down on the ground. He tried to stop him but even then the weapon struck him and blood started flowing from his head. He was also assaulted by others with sticks. Then other villagers, namely, Dewa Mahto and others came and saved him. Reason for the altercation is that Dukhu Mahto's daughter is having relationship with his son Shankar Mahto.

3. On the basis of the fardbeyan of Sarad Chandra Mahto, Rajnagar P.S. Case No. 60/1991, under Sections 323/324/341/307/34 of the Indian Penal Code was registered against the five accused persons.

4. The police, after due investigation, submitted charge-sheet. Accordingly, cognizance was taken and the case was committed to the Court of Ist Additional Sessions Judge, Saraikella and registered as S.T. No. 52/1992.

5. Charges were framed, to which the accused pleaded not guilty and claimed to be tried. To substantiate the charges, prosecution has examined altogether six witnesses. After conclusion of the trial, learned trial Court held four persons guilty, except Maheshwar Mahato, under Section 324 of the Indian Penal Code. However, on the basis of age and keeping in view that it was their first offence, they were given lenient consideration and the rest three accused, except Pawan Mahato, were directed to be released on probation bond of Rs. 5,000/- each for the period of one year. Pawan Mahto was sentenced to undergo simple imprisonment 3/2 years and Rs. 1,000/- by way of fine under Section 324 of the Indian Penal Code and further sentenced to undergo simple imprisonment of one month in default of payment of fine. Hence, this appeal by the appellant-Pawan Mahto.

6. PW 5 in his deposition has stated that the occurrence is of 8-9 years ago and it was around 5:00 p.m. on Monday in the month of 'bhado' and that when he was returning from his agricultural field, he can across Hari Mahto and Maheshwar Mahto, fighting with each other and he tried to dissuade them from fighting, whereupon the other accused Makru Mahato, Mangal Mahato. Fulchand Mahato and Pawan Mahato also joined in and attacked him with Tawla (sharp cutting weapon), iron rod and stick, to which he sustained injuries on his head. He further deposed that PW 2, PW 3 and PW 4 took him to the hospital. When the police had arrived, he has given the statement reg