ORDER :

1. This appeal is directed against the judgment of conviction and order of sentence dated 23.04.2004 passed by the learned 4th Addl. District & Sessions Judge, Fast Track, Court No. 1, Godda in Sessions Case No. 36 of 2003 whereby the three appellants have been acquitted for the offence punishable u/s 307 of IPC and convicted for the offence punishable u/s 341/324 of IPC and it was further ordered to undergo S.I. for one month for the offence u/s 341 of IPC and Rigorous Imprisonment for 3 years for the offence punishable u/s 324 of IPC and both the sentences were directed to run concurrently. It appears from the record that during the pendency of this appeal two appellants appellant no. 1 namely Ganpat Harizan and the appellant no. 2 Sonu Harizan passed away and vide order dated 20.11.2021, the appeal in hand got abated with respect to both the deceased appellants and as such with respect to only the surviving appellant Katki Harizan, the appeal is heard and disposed of.

2. The prosecution story arose in the wake of fardbeyan of one Puran Harijan- P.W. 2, whose statement was recorded by Godda Police namely S. Sharma, S.I., on 20.07.1986 at 13.00 hours at P.S. which is as unde