1. The present appeal is directed against the judgment of conviction dated 19th December, 2006 and order of sentence dated 19.12.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. IVth, Dhanbad in Sessions Trial No. 159 of 1998, whereby these two appellants have been found guilty for committing offence punishable under sections 324 and 323 of the Indian Penal Code and thereafter the appellant Dilip Mondal has been sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 500/- for the offence committing under section 324 of the Indian Penal Code and appellant Subal Mondal has been sentenced to undergo rigorous imprisonment for 6 (six) months with a fine of Rs. 500/- for the offence committing under section 323.

It may be mentioned that there were three appellants in this case and vide order dated 18.09.2018 this appeal, so far as it relates to Kanhai Mondal @ Kanhai Lal Mondal is concerned, stood abated as he died on 16.03.2014.

2. The prosecution case arises on the basis of the Fardbeyan of informant Dhiren Mondal (P.W.5), son of Mukund Mondal stating therein that on 07.06.1991 at about 6.30 A.M., when he was ploughing his field and his younger brother Niren Mondal was picking stone and woods to clear the field, these appellants came with axe and Sabal in their hands and by uttering that they will not get any share in the land, started assaulting the informant and others. Dilip Mondal gave axe blow on Niren Mondal resulting in injury on his left thumb. He also gave axe blow on the head of Niren Mandal. The informant was also assaulted by wooden portion of the axe by Subal Mondal and Dilip Mondal. Subal Mondal assaulted the informant with axe on his head and Kanahai Mondal inflicted Sabal blow to the informant. When the informant’s son came to rescue the informant and others, Dilip Mondal inflicted axe blow on his head. On raising alarm several persons reached at then place of occurrence, then these appellants fled away from the place of occurrence.

3. On the basis of the fardbeyan of the informant, Nirsa P.S. Case No. 142 of 1991 was registered against the appellants and others. After investigation, the police submitted charge sheet against all the accused persons under sections 341, 323, 325, 324, 307/34 of the Indian Penal Code. Thereafter, cognizance was also taken under the aforesaid sections.

4. After cognizance was taken, the case was committed to the Court of sessions vide order dated 22.04.1998, where charges were framed on 24.04.2002 under sections 341,323,324,325, 307 read with section 34 of the Indian Penal Code. The contents of the charges were read over and explained to the accused persons in Hindi to which they pleaded not guilty and claimed to be tried.

5. Prosecution, in order to establish the charges, examined 15 witnesses in this case, who are as follows:

P.W.1 Netai Mondal, P.W.2 Uttam Mondal, P.W.3 Kitu Mondal, P.W.4 Badan Mondal, P.W.5 Dhiren Mondal, P.W.6 Tapan Mondal, P.W.7 Shanker Mondal, P.W.8 Rishikesh Mondal, P.W.9 Subash Mondal, P.W.10 Dhiren Chakarborty, P.W.11 Dwarika Nath Mondal, P.W.12 Niren Mondal, P.W.13 Goutam Mondal, P.W.14 Dhiren Mondal and P.W.15 Dr. Panchanan Prasad.

6. The prosecution has also exhibited certain documents.

Ext.1 is the signature of Dhiren Mondal on the fardbeyan, Ext. 2 and 2/1 are the injury reports of Niren Mondal and Ext. 2/2 is the injury report of Dhiren Mondal.

7. After closure of the prosecution witnesses, the statements of these appellants were recorded under section 313 Cr.P.C.

8. Defence has also examined one witness, namely, Nimai Chandra Mondal as D.W.1.

9. Defence has also exhibited some documents; those are Certified copy of the judgment in G.R. No. 1650 of 1991 as Ext.A, Batwaranama Paper (Partition document) as Ext. B, Certified copy of the F.I.R. lodged by Subal Chandra Mondal (appellant no.2 herein) as Ext. C and Certified copy of the charge sheet submitted in G.R. No. 1650 of 1991 as Ext. D.

10. Learned trial Cour