JUDGMENT :

This appeal has been preferred against the Judgment of Conviction and order of sentence dated 20.10.2003 passed by the Additional Sessions Judge, FTC-I, Chatra, in S.T. No.39 of 1990, arising out of Simaria P.S. Case No.80 of 1989, whereby and where under the accused appellants namely Md. Sahabuddin, Muslim Mian and Makshud Mian were convicted for the offence punishable under Sections 147 and 323 of the IPC and they were sentenced to undergo R.I. for two years each under Sections 147 of the IPC and also to undergo R.I. for one year each under Section 323 of the IPC and all the sentences were ordered to run concurrently.

2. Briefly stating the prosecution story, which arose in the wake of fardbeyan of one Puran Sao, PW-1, whose statement was recorded by O/C A.K.Tiwari of Simaria Police station in the district of Hazaribagh on 02.09.1989 at Referral Hospital, Simaria at 20.00 hours is as under:

The informant PW-1 Puran Sao stated in the said fardbeyan that he had planted the paddy crops in the land of on Janardhan Singh which was taken by him at bataia (Settlement) and the said land was full of water. At about 5 pm, the accused Mohiddin Mian (passed away during the pendency o