JUDGMENT :

Ratnaker Bhengra, J.

Heard the parties.

2. This criminal appeal is directed against the judgment of conviction and the order of sentence dated 31.07.2003,passed by the learned Additional District &Sessions Judge, Vth, Bokaro in S.T. No.107/95, whereby and whereunder, all the appellants have been convicted for the offence under sections 324 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years under section 324 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one month under section 341 of the Indian Penal Code. Both the sentences were ordered to run concurrently and period already undergone were ordered to be set off.

3. Letter no. 01/18 dated 22-09-2018 has been received from I/C Additional Session Judge-V, Bokaro and it has been informed that appellant no. 2 Chintu Ram Mahto has died on 18-01-2017. Hence, appeal of appellant no. 2 Chintu Ram Mahto stands abated.

4. The prosecution case, in brief, as per the written report dated 10-08-1994 of the informant PW-6 Vidyadhar Mahto is that on 10.08.1994 at about 10a.m. informant proceeded from his house to his field Kamalia Peenda and reached Danditand at 10:15 a.m. There he saw the accused Janki Mahto armed with farsa, Chintu Mahto armed with tangi and Raghunath Mahto armed with kulhari standing on the path. On seeing him accused Janki Mahto ordered to kill him and said informant had planted paddy saplings in the field. Thereafter, accused Janki Mahto gave farsa blow on his forehead causing injury as a result of which he fell down. Thereupon, Chintu Mahto gave tangi blow on his arm and accused Raghunath Mahto gave tangi blow on his leg causing cut injury. Informant further stated that on his shout, his nephews namely Madan Kumar Mahto PW-4, Nakul Mahto PW-5 and Fani Mahto PW-8 who were working in the field, rushed there then the accused persons assaulted them also by tangi and farsa causing injury on their head and arm. They also received serious injury on their person. It has further been alleged that Kharu Mahto PW-3, Puran Mahto PW-2 and Ashok Mahto PW-7 and others villagers also came there and then accused persons left them and fled away towards their house. Informant further stated that field in which they had planted paddy saplings for that field a case was continuing in the court between the parties for long and for this reason accused persons assaulted him and his three nephews with farsa and tangi with intention to kill them.

5. On the basis of written report of the informant, Chas (M) Police Station case no.45 of 1994 case was registered under sections 341, 307, 326, 324/34 of the Indian Penal Code against the accused persons. After investigation charge-sheet was submitted against the accused persons under sections 341, 307, 326, 324/34 of the Indian Penal Code 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 307/ 34, 326, 324 and 341 of IPC. Trial was held and on conclusion of trial, the accused persons or the appellants herein were convicted and sentenced as aforesaid. Hence, this appeal.

6. Prosecution in order to prove its case has examined altogether 11 prosecution witnesses out of whom P.W.6 Vidyadhar Mahto is the informant of the case; P.W.2 Puran Mahto is the brother of the informant and P.W.3 Kharu Mahto is also related to the informant; P.W.4 Madan Kumar Mahto,P.W.5 Nakul Mahto and P.W.8 Fani Bhushan Mahto are nephew of the informant; P.W.1 and P.W.11 are formal witnesses and P.W.7 is tendered witness; P.W.-9 is the investigating officer of the case and C.W.1 is Dr. Chandeshwar Chaudhary, who is a court witness and he had examined the injured person.

7. Defence had examined one witness D.W.1 Parvati Charan Mahto. D.W.1 has proved the registered sale deed no. 2046 dated 15-02-1988 which was marked as Ext.-A. D.W.1 further proved the two rent receipts which were marked as Ext.-B