JUDGMENT :

This appeal is preferred against the Judgment of Conviction and order of sentence dated 05.09.2003 passed by the 1st Additional Sessions Judge, Seraikella, in S.T. No.363 of 1991, whereby the accused-appellants have been convicted for the offences punishable under Section 326/34 of IPC and sentenced to undergo R.I. for three years each with a fine of Rs.5,000/- to be paid by each u/s 326 read with section 34 of the IPC.

2. The allegations against the appellant arose in the wake of the fardbayan of informant PW-4 Sanatan Karmakar that on 14.01.90, in the evening, he was returning to his home after playing football match and at about 5 pm, the accused persons intercepted him in the village near Bora Dam and assaulted the informant PW – 4 by Bujali (a sharp cutting weapon) and lathi by which the informant sustained the injuries on his head, legs, body and hands. The informant after being injured raised hulla and fell down at some distance. Having heard the hulla, local people like PW – 1, PW - 2 and other persons arrived at the spot, then the accused persons fled away. The informant narrated the incident. On the information by PW – 1 and PW – 2, the father PW – 3 also came at