JUDGMENT :

This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 25th February, 2010 passed by the Additional Sessions Judge, Fast Track Court no. III, Dhanbad in connection with S.T. No. 70 of 2004 arising out of Govindpur P.S. Case no. 34 of 2002, G.R. no. 638 of 2002 whereby and whereunder the appellant was convicted u/s 324 of the Indian Penal Code and sentenced to undergo rigorous Imprisonment for two years with a fine of Rs. 1000/-and in default of payment of fine, appellant was to undergo rigorous Imprisonment for three months.

2. The case of the prosecution as per fardbeyan dated 11.03.2002 of the informant Md. Yusuf Ansari-PW-4 is that on 10.03.2002 at 11:30 a.m. measurement of disputed land of Ibrahim Mian, Rajjak Mian and Ghulam Mustafa was being done in presence of local people and informant was also present there as a panch. It is alleged that when the measurement of gali was being done then Ibrahim Mian became furious and said the measurement to be wrong and started abusing the informant. When informant restrained Ibrahium abusing him then Ibrahim went inside his house and returned with a kulhari along with his son Zahir Abbas and inflicted tangi blow on the nose of the informant as a result blood oozed out. Zahir @ Munna assaulted the informant with lathi upon which informant raised hulla and several persons assembled there. Thereafter, Akhtar Ansari and Amir Ansari came there armed with lathi and assaulted Murtuza Ansari upon which he sustained head injury and blood oozed out. Informant further stated that when he was being taken to the Primary Health Centre, then in the meantime Salim Ansari armed with rod ran but he was caught by persons present there. The occurrence was witnessed by persons present there, panch Samsuddin Ansari (mukhiya), Hamid Mian and others.

3. On the basis of the fardbeyan of the informant Govindpur P.S. Case no. 34 of 2002 U/Ss. 323, 324,341,307/34 of the IPC was registered against five persons including the appellant. After completion of investigation, charge sheet was submitted against the accused persons and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the accused persons under Sections 341,324 and 307/34 of the IPC. On conclusion of trial the learned trial court acquitted the four accused persons of the charges but convicted and sentenced the appellant as aforesaid. Hence, this appeal.

4. Prosecution has examined altogether five witnesses in support of its case out of whom PW-1 is Shamim Ansari, PW-2 is Hamid Mian, PW-3 Md. Samsuddin is a hostile witness, PW-4 Md. Yusuf Ansari is the informant himself and PW-5 is Dr. Shashi Bhusan Singh, who had examined the injured. Defense has produced the documentary evidence which are FIR of Govindpur P.S. Case no. 35 of 2002 (Ext.-A) and certified copy of charge sheet pertaning to Govindpur P.S. Case no. 35 of 2002 (Ext.-B).

5. PW-4 Md. Yusuf Ansari is the informant of the case. He has stated that his evidence that on 10.3.2002 at about 11:30 a.m. he was present on the spot where the land of Ibrahim Ansari, Rajjak Ansari and Gulam Mustafa Ansari were being measured in presence of several villagers. After the measurement of land and house, the measurement of gali was going on to which Ibrahim objected and said that measurement was not done properly. He started abusing Rajjak and Gulam Mustafa to which the informant restrained him from abusing. Murtaza was assaulted with lathi as a result he sustained injury on his head and blood oozed out. Ibrahim inflicted a kulhari blow on his nose as a result his nose was cut and blood oozed out. He fell down and became unconscious. He and Murtaza were taken to the hospital for treatment. Informant has proved his signature on the fardbayan which was marked as Ext.1. In his cross-examination informant stated that he worked in Primary Health Centre, Govindpur for the last 10 to 12 years and has