JUDGMENT :

1. This appeal is directed against the judgment of conviction and order of admonition dated 02.07.2003 passed by 4th Additional sessions Judge, Deoghar in Sessions Case No. 256 of 2001 whereby and where under the appellants were convicted for the offence punishable u/s 323 of IPC and in spite of awarding the sentence the appellants were directed to be released after due admonition.

2. Briefly stated the prosecution story as set out in the FIR is as under :

The informant Rohan Kole (P.W.6) stated that on 14.12.2000, at about 5 p.m. his cousin-accused Makku Kole came to the house of informant Rohan Kole (P.W. 6) and asked him to flee from that place claiming that he had no right to live there. The informant replied that he was living over the property of his maternal uncle and he was not occupying the property of anyone else, thereupon a dispute arose between both the parties. Then the co-accused Khaku Kole having lathi in his hand, Lakhandeo Kole holding lathi in his hand, Gurucharan Kole holding lathi in his hand and Chhotelal Kole having tangi in his hand came there and Khaku Kole caught the informant and the accused-appellant Makku Kole assaulted with lathi with intent to