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