ORAL JUDGMENT

Date : 06-12-2025

Heard Mr. Krishna Kant Singh, learned Amicus Curiae for the appellants and learned A.P.P. for the State.

2. The present appeal has been directed against the judgment of conviction and order of sentence dated 26.03.2004 passed by learned Additional Sessions Judge-IV, F.T.C., Buxar in Sessions Trial No. 820/92 / 37/2002 whereby and whereunder appellants have been convicted for the offence punishable under Section 324 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for one year under Section 324 of the Indian Penal Code .

3. As per prosecution case, the informant Kameshwar Singh along with his mother and wife, who were all in an injured condition, gave his statement before the police that while the informant was sitting in the shop of Mangru Carpenter, Ganesh Yadav came and informed him that a fight was taking place at his house. When the informant reached house, he saw Santosh Singh (appellant no. 1) holding a digging iron rod (Rami), Mantokhi Singh (since deceased) holding a lathi and Karan Singh (appellant no. 2) holding a spade (kudal). They had entered the informant’s house and were assaulting his mother, brot