JUDGMENT :

1. This appeal is directed against the judgment of conviction and order of sentence dated 31.03.2003 passed by the Additional District & Sessions Judge, F.T.C. IV, Bokaro in S.T. No. 241 of 1996 by which the appellants have been convicted under sections 448, 323 of the IPC and the appellants were directed to furnish the probation bond u/s 4 of the Probation of Offenders Act of Rs. 2000/- for maintaining peace and good behavior for a period of one year and to appear and receive sentence when called upon during such period.

2. The prosecutions story arises in the wake of written report of the informant Sobha Devi, informant, in which it has been alleged that the accused appellant no. 1 Mojan Mahto was the husband of the informant Shobha Devi and the appellant no. 2 Kunwar Mahto and the appellant no. 3 Radhe Mahto are the devars (brother-in-laws) of the informant while the appellant no. 4 Dilip Kumar was the friend of her devars. It has been alleged in the said written report that she was the daughter of the Shri Govind Prasad Mahto and she was residing in the quarter of her father at Quarter No. 10 Street no. 1 Sector IX A. She further disclosed that her marriage was solemnized with the appellant no. 1 Mojan Mahto on 19.07.1990, but, she was harassed by her husband and family members of the appellant no. 1 for which she had instituted a Complaint Case No. 47 of 1991 against her husband, father-in-law and other members in the family in which the case was finally concluded in compromise. But, again the appellants started torturing to her so she again filed a complaint against them vide C.P. Case No. 84 of 1992 in which her husband Mojan Mahto, father-in-law Kashi Mahto and mother-in-law Sushila Devi were convicted by the Judicial Magistrate, First Class on 05.12.1994 and they were sentenced to 1 year imprisonment and fine of Rs. 1000/- was also imposed upon the accused persons. The accused persons had preferred an appeal against the said order of conviction.

3. The informant Sobha Devi further alleged in her said written report that after being aggrieved by the said judgment of conviction and order of sentence, on 03.01.95 at about 10 a.m. all the four appellants came to the quarter of her father Q.No. 10, Street No. 1 Sector – IX A, where she was residing and at that time she was in the quarter with her brother Vishundeo Mahto. Her mother had gone to the ground floor and her father had gone to this duty. The accused persons knocked the door and the informant Sobha Devi had opened the same, all the four accused persons entered into the room, they caught hold of her and they forcefully dragged her towards the ladder. She tried to get herself free and started raising alarm. She was assaulted by the accused persons with the help of a black wire like rod and was threatened by them. They threatened to kill her by shouting. Her mother, brother and other muhalla people came there for her rescue at which all the four accused persons assaulted the mother of the informant and fled away after snatching golden chain and golden balla. They fled away with their Tempo No. BR-20 S/2553 which was standing on the ground floor near the down stair.

4. It has been further alleged that in course of fleeing away from the place of occurrence they assaulted her and her mother with an iron rod and the said iron rod was left there and so many persons had seen the occurrence and they might disclose it.

5. On the basis of the aforesaid written application a formal FIR was drawn, charge sheet was submitted, cognizance was taken, case was committed to the court of Sessions, charges were framed and after trial the learned Court below passed the impugned judgment of conviction and order of sentence on 31.03.2003 which is under challenge.

6. Heard Mr. Ramawatar Sharma, the learned defense counsel appearing on behalf of the appellants and Mr. Anup Pawan Topno, A.P.P. for the State.

7. Learned counsel appearing for the appellants further submits that the