ORDER :

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 01.06.2005 passed by the learned Additional Sessions Judge, F.T.C. No. IV, Deoghar in Sessions Case No. 44 of 2004, corresponding to Karon P.S. Case No. 88 of 2002, G.R. Case No. 505 of 2002 at Deoghar, Jharkhand, whereby and where under the sole appellant was convicted for the offence punishable under section 325 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced to undergo rigorous imprisonment (hereinafter referred to as R.I.) for 3 (three) years along with a fine of Rs. 1,000/- (Rupees One Thousand only) and in default of payment of fine, the appellant was further sentenced to undergo three months R.I. and the sentences were directed to run concurrently.

2. The prosecution story arose in the wake of fardbeyan of Badri Mahto s/o late Jhagru Mahto of Village Fulchi Tola Bahra Bak P.S. Karon, Distt. Deoghar recorded by A.S.I. Sudisht Prasad Singh of Karon Police Station on 28.10.2002 at 13.30 hours at Referral Hospital, Madhupur. Briefly stating the allegations as set out in fardbeyan are as under:-

The informant stated that on 27.10.2002 at about 1 o’clock in the afternoon, he along with his son, daughter and daughter-in-law were harvesting paddy crops in their agricultural field. In the meantime, their gotias (cousin) including Jogeshwar Mahto, Rewa Mahto, Ganesh Mahto and Balram Mahto came one by one and raised objection. It has been alleged that there was quarrel between the parties and the said Ganesh Mahto holding tangi in his hand inflicted injury upon the head of informant Badri Mahto (P.W.-5) due to which he fell down. Further, it has been alleged that Sanjay Mahto, Pankaj Mahto, Guria Devi also came at the place of occurrence and started assaulting the informant and his family members who were harvesting the paddy crops. It has been stated in the fardbeyan that one Vimli Devi and the wife of Balram Mahto also came at the place of occurrence and started assaulting the informant as well as his family members by holding lathi and iron rod. It has also been alleged that one Shaligram Yadav, who is the son of informant and one Jhuna Devi, daughter of the informant, both came to rescue the informant, but both were beaten by Sanjay Mahto and the wife of Balram Mahto by lathis respectively, and then, Sanajy Mahto snatched the mathia i.e. silver bangles and sikdi i.e. silver chain which belonged to Jhuna Devi (daughter of the informant). When the daughter in law of the informant came to rescue them, Vimli Devi and Pankaj Mahto started assaulting her by fists and slaps and snatched mathia of silver and gold-nose pin. It was further mentioned in the fardbeyan that on raising alarm, villagers started assembling, then the accused persons left that place and took away two bronze plates, one bucket and one lota. Thereafter, the informant and the other injured persons went directly to the hospital for treatment at late night and then his statement was recorded in the hospital itself.

3. On the basis of the aforesaid fardbeyan, the case was registered as Karon P.S. No. 88 of 2002 dated 28.10.2002 u/ss. 447, 341, 323, 324, 307 and 379 r/w 34 of the I.P.C. against the accused persons including the present appellant. On the basis of the F.I.R., investigation was started and the charge-sheet was submitted against the accused persons including the present appellant. On the basis of such charge-sheet, the cognizance was taken u/ss. 341, 447, 323, 324, 307 and 379 r/w 34 of the IPC. It appears that two of the accused persons have been declared juvenile and therefore their case was separated. Thereafter, learned A.D.J. F.T.C. 4th Deoghar had framed charges on 02-04-2004 against all the seven accused including the present appellant u/ss 341, 379, 447/34 and 307/34 of the I.P.C.

4. The learned trial court after conducting the full-fledged trial passed the impugned judgment of conviction and order of sent