JUDGMENT :

1. This appeal is directed against the judgment of conviction dated 21.11.2006 and order of sentence dated 22.11.2006 passed by the learned 1st Additional Sessions Judge, Rajmahal in Sessions Case No. 39 of 2002 corresponding Sessions Trial No. 223 of 2002 arising out of Rajmahal P.S. Case No. 164 of 2000, Rajmahal in the district of Sahibganj, Jharkhand whereby and whereunder the appellant has been convicted for the offence punishable u/s 148, 323/149, 326/149 and 307/149 of IPC and further the learned trial court directed the appellant to undergo RI for two years u/s 148 IPC and RI for 6 months u/s 323/149 and RI for 6 years u/s 326/149 of IPC with a fine of Rs. 2000/- (Rupees two thousand) and RI for 6 years u/s 307/149 of IPC with a fine of Rs. 2000/- (Rupees two thousand). In default of payment of fine he was further directed to undergo RI for three months. All the sentences were directed to run concurrently.

2. Briefly stating the prosecution case as unfolded in the fardbeyan of P.W. 3 Kalpana Devi (mother of injured Ajit Barai) recorded by ASI Nandan Chaudhary of Rajmahal P.S. on 24.09.2000 at 17.30 hours at referral hospital Rajmahal is as under:

It has been alleged