JUDGMENT :

This appeal is directed against the Judgment of conviction and order of sentence dated 20th June 2003 passed by the learned Additional District and Sessions Judge, FTC-1, Gumla in S.T. No.269 of 1995, arising out of Sisai P.S. Case No.46 of 95 dated 27.05.1995, corresponding to G.R. No.361 of 95, whereby and whereunder the appellants stand convicted under Section 324/34 of the IPC and sentenced to undergo R.I. for 2 years and a fine of Rs.1,000/- each and in default of payment of fine, they are further sentenced to undergo three months S.I. and after realisation of fine 50% of amount will be given to Dwarika Sao as compensation.

2. The allegation against the accused appellants arose in the wake of fardbeyan of Ganesh Sao, son of Dirpal Sao of village: Sakraili, P.S. Sisai, district-Gumla, written by S.I. officer in-charge, Sisai on 27.5.1995 at 12 hours at referral hospital, Sisai. The said informant Ganesh Sao (PW – 7) alleged that on 27.05.1995 at about 9 am in the morning, he saw from his house that his paddy crops sown in the field was being ploughed by his cousin Mukund Sao, son of Bhukhan Sao and the said Bhukhan Sao, (uncle of the informant) and his son Bharat Sao w