JUDGMENT

Ratnaker Bhengra, J. - Heard the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 13.08.2003, passed by learned Additional Sessions Judge, FTC-I, Chatra in S.T. No. 107/2002 by which learned court-below has been pleased to convict all the appellants under Sections 341, 323, 326 and 307/34 IPC and has sentenced them to undergo RI for one month each under section 341 IPC and further undergo RI for one year each under Section 323 IPC, seven years RI each under Section 326 IPC and further seven years RI each for the charge under Section 307 IPC read with Section 34 IPC. All the sentences were directed to run concurrently.

3. The prosecution case as traced out from the written report of Paran Mahto is that on 01.01.2000 at about 4:00 p.m. the ox of the informant Paran Mahto entered into the Khalihan of accused Mohan Yadav. The informant Paran Yadav went there to bring his ox. Accused Mohan Yadav along with his wife Sunti Devi used filthy language against the informant. In the meantime, accused Mohan Yadav gave tangi blow on the head of the informant Paran Yadav. The blood was oozing out from the head of Paran Yadav. On halla, his son Manu Yadav came there with his wife Munia Devi. Accused Bishun Yadav, father of the accused Mohan Yadav also came there with lathi. It is further alleged that Mohan Yadav gave a tangi blow on the head of Manu Yadav with intention to kill him. The blood was oozing out from his head. Manu Yadav fell down on the earth. Thereafter, Bishun Yadav also assaulted Manu Yadav with lathi. Accused Sunti Devi wife of the accused Mohan Yadav also assaulted to Munia Devi with lathi. On halla, Yogeswar Yadav, Dineshwar Yadav and others came there and saved the informant.

4. On the basis of written report, formal FIR was drawn up. Investigation launched. It concluded in the charge-sheet. Cognizance was taken and the case was ultimately committed to the Court of Sessions on 01.04.2002. The accused persons pleaded not guility to the charges and claimed to be tried.

5. Prosecution has examined altogether eight witnesses. They are,

"PW-1 Munia Devi;

PW-2 Paran Yadav;

PW-3 Dineshwar Yadav;

PW-4 Manu Yadav;

PW-5 Yogeshwar Yadav;

PW-6 Dr. Satendra Pd. Singh;

PW-7 Bhuneswar Paswan; and

PW-8 Saryu Pandit (IO).

Prosecution has filed Ext.1 and Ext.1/1 injury report of injured Manu Yadav and Paran Yadav, Ext.2 true copy of Radiological report.

6. Pw-2, Paran Mahto, who is informant and injured, has deposed that the occurrence took place two and half years ago. Time was 4:00 p.m.. His ox entered into the Khalihan of Mohan Yadav when he went there to bring his ox accused Mohan Yadav gave tangi blow on his head. Accused Bishun Yadav and Sunti Devi also assaulted him with lathi. His Patohu (Munia Devi) came there then the accused persons also assaulted her with lathi. When his son Manu Yadav came there then accused Mohan Yadav gave tangi blow on his head. His son fell down. Thereafter, accused Bishun Yadav and Sunti Devi also assaulted his son with lathi. Accused Mohan Yadav assaulted them with tangi with intention to kill them. They went to Huntergunj Hospital. His statement was recorded. The statement was read over to him and he put his thumb impression on the fardbeyan. His son was referred to Gaya and thereafter, he was referred from Gaya to Patna. His son was admitted at hospital in Patna for up to three months. He was senseless and he regained sense after eight days. This witness has identified the accused Mohan Yadav present in the dock. In his cross-examination, he has also deposed that accused Mohan Yadav assaulted with tangi on his head and accused Bishun Yadav and Sunti Devi also assaulted him with lathi. He has also proved the place of occurrence and manner of occurrence.

7. Pw-4 Manu Yadav is the son of the informant. He is an injured eye-witness. He deposed that the occurrence took place on 01.01.2000. Time was 4:00 p.m. His ox entered into the Khalihan of Mohan Y