JUDGMENT :

Heard Mr. P.C. Sinha, the learned counsel for the appellants as well as Mrs. Niki Sinha, the learned APP.

2. This appeal is preferred against the judgment of conviction and order of sentence, both dated 20.04.2010, passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 297 of 1995, whereby and whereunder, appellant No.1 Nageshwar Bhogta was held guilty for the offence under Section 323 of the Indian Penal Code and sentenced to undergo RI for one year under Section 323 of the Indian Penal Code. The appellant No.2 Rameshwar Bhogta was held guilty for the offence under Section 325 of the Indian Penal Code and sentenced to undergo RI for three years under Section 325 of the Indian Penal Code. The appellant No.3, Kapildeo Bhogta was held guilty for the offence under Section 324 of the Indian Penal Code and sentenced to undergo RI for two years under Section 324 of the Indian Penal Code. Appellants detention in custody during investigation and trial was ordered to be set off.

3. The case of the prosecution, in brief, as per the fardbayan dated 04.11.1993 of the informant Bhuneshwar Mistry (PW-4) son of Tukan Mistry (PW-2) is that on 04.11.1993 at about