JUDGMENT :

This appeal is preferred against the Judgment of Conviction and order of sentence dated 20.11.2003 passed by the learned Additional Sessions Judge, FTC-V, Deoghar in S.T. No.281 of 2001, arising out of Madhupur P.S. Case No.191 of 2000, corresponding to G.R. No.435 of 2000, whereby and where under the appellant No.1 Ganesh Choudhary is convicted for the offence punishable under Section 324 of IPC and appellant No.2 Akhileshwar Choudhary is convicted for the offence punishable under Section 326 of IPC and further the appellant No.1 was sentenced to undergo rigorous imprisonment for three years and appellant No.2 was sentenced for seven years and also a fine of Rs.2,000/- and in case of default of fine, he will have to undergo further imprisonment of six months.

2. Briefly stating the prosecution story as unfolded in the written application dated 12.10.2000 by the informant Rohit Chodhary (PW- 6) addressed to Officer In-charge of Madhupur Police Station, Deoghar, is as under :

The informant Rohit Choudhary stated that on 12.10.2000 at 7.30 A.M., one Laxman Choudhary armed with lathi, Baikunth Chaudhary armed with lathi, Ganesh Choudhary (Appellant no.1) armed with sword, Kamd