JUDGMENT :

Ratnaker Bhengra, J.

This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 04.03.2010 passed by the Sessions Judge, Godda in connection with S.T. No. 233 of 2008 arising out of Pathargama P.S. Case no. 75 of 2007, G.R. no. 602 of 2007 whereby and whereunder all the appellants were convicted under sections 307/34, 323/34 and 380/34 of IPC and sentenced to R.I. for three years and fine of Rs. 1,000/- each, failing which to undergo S.I. for one month for the offence punishable under section 307/34 IPC. Appellants were sentenced to S.I. for six months for the offence punishable under section 323/34 IPC and R.I. for two years and fine of Rs. 1,000/- each and in default to undergo S.I. for one month for the offence punishable under section 380/34 IPC. The period, if any, undergone by the convicts in custody during trial was ordered to be set-off and all the sentences were directed to run concurrently.

2. The case of the prosecution as per written report dated 03.06.2007 of the informant Abhinandan Mehra-PW-4 is that on 3.6.2007 at about 8 p.m. he was going to sleep after taking dinner then accused Nakul Mehra started abusing him and told him that all the palm trees belong to him and he will cut all the palm tree tomorrow. On this, the informant said not to use abusive words and told him to settle the dispute through panchayati. Thereafter, the accused persons, namely, Nakul Mehra, Sankar Mehra, Bipin Mehra, Rajesh Mehra, Adesh Mehra, Kundan Mehra, Raja Mehra, Mithun Mehra, Kranti Mahra and Sanjay Mehra entered into the informant’s house armed with deadly weapons with an intention to kill him and started assaulting the informant with an iron rod on his head and other parts of his body. Thereafter, accused persons took him to a gali and there also they assaulted him. Rukmani Devi (P.W.1), grandmother of the informant, came to rescue him who was also assaulted by the accused persons with iron rod on her head and other parts of her body. Accused persons took away two sacks of rice and silver jewelleries weighing 20 bhars from the house of the informant. Informant further stated that there was a land dispute between the informant and the accused persons.

3. On the basis of the written report of the informant Pathargama P.S. case no. 75 of 2007 was registered under sections 452, 341, 323, 307, 380, 504, 34 of IPC. After completion of investigation, charge sheet was submitted against the accused persons under section 341,323,324,452, 307,380 and 504/34 of the IPC and after taking cognizance, the case was committed to the court of Sessions. Charges were framed against the accused persons under Sections 307/34, 324/34, 323/34, 341/34, 452/34, 380/34 and 504/34 of the IPC. Trial was held and after the conclusion of the trial the learned trial court convicted and sentenced the accused persons or appellants herein under sections 307/34,323/34 and 380/34 of the IPC. Hence, this appeal.

4. Prosecution had examined altogether nine witnesses out of which PW-4 Abhinandan Mehra is the informant of the case; PW-1 Rukmani Devi, is the grandmother of the informant; PW-2 Parma Devi is the aunt (mausi) of the informant; PW-3 Nand Kishore Mehra is the uncle of the informant; PW-5 is Dr. Ambika Prasad Singh who had examined the injured informant PW-4 and PW-1; Remaining other witnesses PW-6, PW- 7, PW-8 and PW-9 were declared hostile.

5. P.W.4 Abhinandan Mehra is the informant of the case. He has stated in his examination-in-chief that the occurrence took place on 3.6.2007 at about 8 p.m. Accused Nakul Mehra came to his house abusing him and said the whole palm trees belonged to them and they would cut them. Informant further stated that he told Nakul not to abuse him and to settle the dispute through panchayat. Thereafter, Nakul Mehra, Sankar Mehra, Bipin Mehra, Rajesh Mehra, Adesh Mehra, Kundan Mehra, Raja Mehra, Mithun Mehra, Kranti Mehra and Sanjay Mehra entered into his house with an intention to ki