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 were also standing there. The informant further alleged that he informed his elder brother Dwarika Sao (PW -1) and he went to his field along with him, which was situated at the southern side of the village and tried to stop Mukund Sao (Appellant no.2) from ploughing the field, upon which, the said Bharat Sao (Appellant No.3) got angry and assaulted Dwarika Sao with lathi, on his leg, due to which, he fell down. He further alleged that Bhukhan Sao assaulted Dwarika Sao on the head by Bhujali, then Dwarika Sao become unconscious. The informant tried to stop him, then Bhukhan Sao (Appellant No.1), Bharat Sao (Appellant No.3) and Mukund Sao (Appellant No.2) assaulted him with lathi and bhujali, due to which, he sustained injuries on his head, both the legs and left hand. It has further been alleged by the informant that he raised hulla, upon which, villagers assembled there and the accused persons fled away. It has further been alleged by the informant that the accused appellants were forcibly ploughing their field and when they resisted the accused-appellants, in order to kill, they assaulted them with lathi, bhujali and inflicted injuries upon them. Thereafter, the injured persons were taken to Referral Hospital, Sisai, where they had undergone treatment.

On the basis of the aforesaid fardbeyan, the Sisai police registered a case vide Sisai P.S. Case No.46 of 1995 and investigation of the case was assigned to Awdhesh Thakur, ASI, Sisai police station. Fardbeyan (Ext. 3) was signed by Ganesh Sao (PW – 7) and Sadhu Sao (PW-3) which has been marked as Ext. 2 and 2/1.

After investigation, the investigating officer submitted the charge-sheet against the accused appellants and thereafter the case was committed to the Court of Sessions for the trial. It appears that on commitment of the case, the learned trial court framed the charge against the accused appellants for the offence under Section 307/34 of the IPC on 4.12.1996 and after conducting the trial, convicted the accused appellants for the offences under Section 324 / 34 of the IPC and acquitted them for the charges punishable under Section 307/34 of the IPC by the impugned judgment of conviction and order of sentence dated 20.06.2003, which is under challenge.

3. Heard Mr. Tejo Mistry learned defence counsel and Mr. Naveen Kr. Gaunjhu, APP appearing on behalf of the State.

4. Assailing the impugned judgment of conviction and order of sentence, learned defence counsel appearing on behalf of the appellants contended that the investigating officer and the doctor have not been examined by the prosecution and it has caused serious prejudice to the case of the appellants and the witnesses examined on behalf of the prosecution have given contradictory statements, particularly with respect to the manner of offence