JUDGMENT :

Heard the learned counsel for the appellant Sri Lakhan Chandra Roy and learned counsel for the State, learned APP Sri Gouri Shankar Prasad.

2. As per the report of the o/c Jasidih Police Station dated 19-01-2018 appellant No. 1 Ragho Mahra has died and death certificate has been annexed in this regard which is on record. Hence, appeal of appellant No. 1 Ragho Mahra stands abated.

3. This criminal appeal is directed against the judgment of conviction and order of sentence dated 22.02.2003 and 24.2.2003 respectively passed by learned Additional Judge Fast Track Court No. II, Deoghar in Sessions Case No. 218/1994 by which the appellants have been convicted under Sections 323 and 325 of the IPC and sentenced to undergo R.I. for a period of five years and fine of Rs. 5,000/- each and in default of payment of fine, simple imprisonment for six months under Section 325 of the IPC and rigorous imprisonment for one year for the offence punishable under Section 323 of the IPC. It was further ordered that 60% of the fine deposited shall go to the informant/ victim. All the sentences have been ordered to run concurrently.

4. The case of the prosecution as per the written report of the informant Bhumi Mahra PW 3 is that on 10.04.1993 informant's wife Amli Devi had gone along with wife of Isru Mahra and Ragho Mahra at village Jogdiha for doing brick work. It is further stated that in village Jogdiha altercation took place with informant's wife and wives of Isru Mahra and Ragho Mahra regarding distribution of the bricks. The wife of the informant returned from village-Jogdiha and told incident to the informant. On the same day at about 6 p.m. informant's wife Amli Devi went to the well to bring water and again quarrel took place with wives of Isru Mahra and Ragho Mahra. Informant's wife returned home after taking water from well. The informant was sitting on his door. In the meantime Ragho Mahra and Isru Mahra armed with lathi arrived there and said filthy words to him and assaulted the informant by lathi on his hand as a result blood started oozing from it. Then villagers assembled and accused persons fled away.

5. On the basis of the written report of the informant Jasidih P.S. Case No. 081 of 1993 dated 27.04.1993 was registered under Section 325 of the IPC. After the investigation, charge-sheet under Sections 323, 325 and 307/34 of the IPC was submitted against accused persons. After cognizance case was committed to the Court of Sessions. Charges under Sections 323, 325 and 307/34, IPC were framed against the accused person and trial commenced. At the conclusion of trial accused persons or appellants were convicted and sentenced as aforesaid. Hence, this appeal.

6. During the trial, on behalf of the prosecution four prosecution witnesses were examined. PW 3 Bhumi Mahra is the informant of this case. PW 1 and PW 2 were declared hostile by the prosecution. PW 4 is Dr. Ram Gopal Singh who examined the injured informant.

7. PW 3 Bhumi Mahra is the informant. He stated in his evidence that on the day of occurrence when he reached his house he saw accused persons Ragho Mahra and Isru Mahra armed with rod and lathi started saying filthy words to him. When he objected then accused Ragho Mahra assaulted on his arm with lathi and accused Isru Mahra intended to assault on his head with rod to which he saved himself but he sustained fracture in his hand. The reason for the occurrence of incident as stated by the informant to be altercation for distribution of bricks. He reported the occurrence to the police station and gave written report there. He was treated at Hospital.

8. PW 4 is Dr. Ram Gopal Singh. He examined the injured informant Bhumi Mahra and found following injuries on his person :-

(i) One bleeding round lacerated injury about the size of Fifty-paise coin x skin deep with swelling and tenderness around the injury over the left upper arm with fracture of left humers.

(ii) Complain of pain over the back.

(iii) Complain of pain over the che