JUDGMENT

Kailash Prasad Deo, J. - Heard, Mr. Aman Shekhar learned counsel for the appellant and Mr. Anand Kumar Pandey, learned Additional Public Prosecutor appearing for the State.

2. The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 25.03.2004, passed by the learned Additional District and Sessions Judge, Fast Track Court, Rajmahal, in S. C. No.255 of 1993 / S.T. No.209 of 2003, whereby the sole appellant, Rabikant Murmu, has been convicted for the offence committed and punishable under Section 324 of the Indian Penal Code and awarded him to undergo rigorous imprisonment for two years and a fine of Rs. 1,000/-. In default of payment of fine amount, to further undergo rigorous imprisonment for one month.

3. The prosecution case is based upon the fardbeyan of the informant, Thakurain Hansda, recorded by Sita Ram Rai, Sub Inspector of Police, Barharwa Police Station, at Barharwa Hospital at 18.30 hours, on 08.11.1988, wherein the informant has alleged that while she was going along with her husband, Jerman Murmu to Ram Nagar Hatiya, at around 3 p.m., she met covillager, Rabi Kant Murmu (appellant) armed with bow and arrow in