JUDGMENT :

Navneet Kumar, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 25.09.20003 passed by the learned Addl. Distt. & Sessions Judge, First Track, Court No. 1, Jamshedpur, East Singhbhum in Sessions Trial No. 757 of 1994 whereby the learned trial court after finding the guilt of the accused persons for the offence punishable u/s 341/323 of IPC and sentenced to them to undergo R.I. for a period of one year for the offence punishable u/s 323 of IPC and one month R.I. for the offence punishable u/s 341 IPC. It has further been directed that both the sentences would run concurrently.

2. Briefly stating the prosecution story as unfolded in the fardbeyan of Prasant Tiwary, whose statement was recorded by the A.S.I. Sri R.R. Prasad of Kamalpur Police Station on dated 05.01.1994 at 15:00 hours at village Nutandih in the District of East Singhbhum, Jamshedpur is as under:

On 05.01.1994 informant had gone to Bara Bazar from his village Kasmar on a bicycle along with his co-villager Manik Tiwary to purchase the household goods while they were returning from the Market to their village they found the aforesaid accused persons namely Sitaram Manjhi,