Conviction based on corroborated eyewitness testimony and medical evidence can be upheld despite procedural lapses; compensation imposed for injuries.

Heard Mr. Onkar Nath Tiwary, the learned counsel for the appellants and Mrs. Niki Sinha, the learned counsel for the State.

2. The present criminal appeal is preferred against the judgment of conviction and the order of sentence both dated 31.03.2010, passed by the th learned 5 Additional Sessions Judge, FTC, Dumka in Sessions Case No. 236 of 2007 and Sessions Case No. 106 of 2008, whereby and whereunder, the appellants were convicted under Section 325 /34 of the Indian Penal Code and sentenced to undergo RI for three years each.

3. The case of the prosecution, in brief, as per the fardbeyan dated 08.01.2007 of the informant Nageshwar Mandal (PW-9) is that on 08.01.2007 at about 12:00 O’clock noon, informant with his wife were working as a labourer for digging soil in construction of the dam in the village. Both the appellants Ayodhya Mandal and Manikant Mandal, who were working with them, were also digging the soil. Appellants threw soil in the pit, dug by the informant and when informant tried to stop them, appellants abused the informant and his wife, but, the other labourers pacified the matter. Informant further stated that when they returned home in the evening, then, Ayodhya Mandal, Ramgopal Mandal, Manikant Mandal and Champa Devi abused them and entered into his house armed with sticks and axe and started assaulting him. Ayodhya gave axe blow on the informant’s head, causing bleeding head injury. Ramgopal and Manikant gave lathi blow resulting in fracture of informant’s right hand and they also assaulted on the informant’s left hand and other part of the body as a result informant fell down and became unconscious. Champa Devi assaulted his wife with fist and blow. Thereafter, informant was taken for treatment at Referral Hospital, where informant was treated and then he was referred to Dumka, Sadar hospital.

4. On the basis of the fardbeyan, Jarmundi PS Case. No. 04 of 2007 dated 09.01.2007 was registered under Sections 341, 323, 324, 307, 452 and 504/34 of the Indian Penal Code . After investigation charge-sheet was submitted against appellants Ayodhya Mandal and Manikant Mandal under Sections 341, 323, 324, 307, 504/34 of the and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against both the appellants under sections 341/34, 504/34 and 307/34 of IPC and trial was held. At the conclusion of the trial the appellants herein were convicted and sentenced as aforesaid, hence, this appeal.

5. The prosecution had examined altogether ten witnesses out of whom PW-9 Nageshwar Mandal, is the informant of the case; PW-2 is Manju Devi, who is the wife of the informant; PW-7 is Prakash Mandal and PW-8 is Suresh Mandal and both are the brothers of the informant and PW-10 is Dr. Rajeev Sharma, who had examined the informant. PW-1 is hostile witness and all other remaining witnesses i.e. PW-3, PW-4, PW-5 and PW-6 are hearsay witnesses. Defence had examined DW-1 Shivmohan Rana, who is an Advocate Clerk and a formal witness. DW-1 had proved the injury reports Ext.-A and Ext.- A/1 of Ayodhya Mandal and Manikant Mandal, certified copy of FIR of Jarmundi PS Case No. 05/07 and its charge-sheet Ext.-B and Ext.-C respectively.

6. PW-9 Nageshwar Mandal is the informant of the case. Informant had stated in his evidence that incident was of 08.01.2007 at 07:00 O'clock, in the evening and he was at his home with his family. Then, Ayodhya Mandal, Ramgopal Mandal, Manikant Mandal and Champa Devi entered into his house and dragged him out forcefully and a