JUDGMENT : Heard, learned counsel for the appellant, Mr. Ankit Kumar, assisted by Mr. D. K. Karmakar, Advocate and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor. 2. The instant criminal appeal has been preferred against the judgment of conviction dated 30.04.2004 and order of sentence dated 01.05.2004, passed by learned Additional District & Sessions Judge, Fast Track Court -Vth, West Singhbhum at Chaibasa, in Sessions Trial No. 150 of 2003/S.T.R. No.87 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 324 and 341 of the Indian Penal Code and awarded simple imprisonment for one year for the offence committed and punishable under Section 324 of the Indian Penal Code and simple imprisonment for 15 days for the offence committed and punishable under Section 341 of the Indian Penal Code. Both the sentences are directed to run concurrently. The period of imprisonment undergone during the trial shall be set off against the sentence awarded. 3. The prosecution case is based upon the fardbeyan of Anil Kumar Mahto(P.W.1) recorded by Sub-Inspector of police, S. S. Rajak, Officer-In-Charge, Chakardharpur police station on 17.07.2003 at 22.45 Hrs. at Rajkiya Hospital Chakardharpur, wherein the informant has alleged that, today i.e. on 17.07.2003 at around 8.30P.M. while the informant was returning home from the shop of Jhunjhunwala situated at Ranchi road, after his duty and reached on the Toklo Road ahead of Vikas Factory at about 8.45P.M., the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto, who was standing on the right side of the road, caught the bicycle of the informant and asked him to get down from the bicycle. When the informant got down from the bicycle, the accused with an intention to kill, assaulted the informant on the left side of the abdomen by means of knife. The informant raised brawl for help and on hearing the same, co-villagers Balram Mahto, Chandra Mohan Mahto and one Bhuneshwar Mahto of another village, who were returning home from Chakradharpur after their duty, came there and saw the occurrence, upon which accused has escaped and these three persons, who had arrived on hearing of cry of the informant, took him to the Chakardharpur Hospital for medical treatment. The informant has further stated that reason for occurrence is that accused was threatening for last few days in the village that he will kill the informant. 4. On the basis of fardbeyan of the informant, the Police has registered First Information Report bearing Chakardharpur P. S. Case No. 72 of 2003, dated 17.07.2003, under Sections 341/324/307 of the Indian Penal Code against the sole accused person namely, Sona Ram Mahto@ Sanatan Mahto @ Baldeo Mahto. 5. After completion of the investigation, the police has submitted charge sheet vide no.78 of 2003 dated 20.07.2003, under Sections 341/307/324 of the Indian Penal Code against the above named accused person. 6. The cognizance of the offence has been taken vide order dated 24.07.2003 and the case has been committed to the Court of Sessions vide order dated 14.08.2003. 7. The learned trial Court has framed charge against the accused, Sona Ram Mahto@ Sanatan Mahto @ Baldeo Mahto on 14.11.2003 under Sections 341/307/324 of the Indian Penal Code, to which the accused has claimed himself to be innocent and thus, he was put under trial. 8. The prosecution, in order to prove its case, has examined altogether six prosecution witnesses and also exhibited a number of documentary evidence up to exhibit-2. Anil Kumar Mahato, victim of the case, has been examined as P.W.1, Chandra Mohan Mahato has been examined as P.W.2, Balram Mahato has been examined as P.W.3, Bhuneshwar Mahato has been examined as P.W.4, Sheo Shankar Rajak, Investigating Officer of the case, who has recorded the fardbeyan, has been examined as P.W.5 and Dr. Shailendra Nath Pal, Medical Officer, has been examined as P.W.6. Signature of the informant, Anil Kumar Mahato on the fardbeyan, has been proved and marked as Exhibit-1 and injury report has been proved and marked as Exhibit-2. 9. After closure of prosecution evidence, statement of the accused has been recorded under Section 313 Cr.P.C., on 06.04.2004, to which accused has pleaded himself to be innocent and he has denied about the evidence. No defence witness has been examined nor any documentary evidence has been brought on record on behalf of the defence. 10. 9. After closure of prosecution evidence, statement of the accused has been recorded under Section 313 Cr.P.C., on 06.04.2004, to which accused has pleaded himself to be innocent and he has denied about the evidence. No defence witness has been examined nor any documentary evidence has been brought on record on behalf of the defence. 10. After hearing learned counsel for the parties and on the basis of materials available on record, learned trial Court has convicted the appellant under Sections 324 and 341 of the Indian Penal Code and awarded simple imprisonment for one year and simple imprisonment for 15 days under the respective sections. Being aggrieved at and dissatisfied with the impugned judgment of conviction and order of sentence, the present criminal appeal has been preferred by the appellant before this Hon’ble Court, assailing the same. 11. Heard, learned counsel for the appellant, Mr. Ankit Kumar assisted by Mr. D. K. Karmakar, Advocate. Learned counsel for the appellant has submitted, that the impugned judgment of conviction and order of sentence is bad in law and cannot sustain in the eyes of law, as the appellant has been acquitted from the charge under Section 307 of the Indian Penal Code but has been convicted wrongly under Sections 324 and 341 of the Indian Penal Code. Learned counsel for the appellant has further submitted, that Anil Kumar Mahato(P.W.1) victim and informant of the case, has proved his signature on the fardbeyan, which has been marked as Exhibit-1. This witness has given contradictory version from the First Information Report. Chandra Mohan Mahato is the person, who has saved the victim from the assault and has been examined as P.W.2. This witness has stated that on brawl raised by the victim, he went to the place of occurrence and brought the injured to the Hospital. Learned counsel for the appellant has further submitted, that Dr. Shailendra Nath Pal, Medical Officer, examined as P.W.6, has found the injury as:-an incised wound 1/2”x1/2”x skin deep on the left side of abdomen, simple in nature, caused by sharp cutting weapon. The injury report has been proved and marked as Exhibit-2. Learned counsel for the appellant has further submitted, that the appellant may be acquitted by extending the benefit of doubt as occurrence is of the year 2003 and accused/appellant has suffered the rigors of trial for 15 years. The injury report has been proved and marked as Exhibit-2. Learned counsel for the appellant has further submitted, that the appellant may be acquitted by extending the benefit of doubt as occurrence is of the year 2003 and accused/appellant has suffered the rigors of trial for 15 years. Learned counsel for the appellant has thus submitted, that appellant may be acquitted from the charge and conviction by extending benefit of doubt. 12. Heard, learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor. Learned counsel for the State has submitted, that impugned judgment of conviction and order of sentence has been passed by the learned trial Court on the basis of materials available on record. Learned counsel for the State has further submitted, that Anil Kumar Mahato has supported his fardbeyan during his examination as P.W.1. Chandra Mohan Mahato(P.W.2), Balram Mahato(P.W.3) and Bhuneshwar Mahato(P.W.4) are the persons, who had reached at the place of occurrence, soon after the occurrence and had witnessed the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto fleeing away after assaulting, the informant on the left side of the abdomen by means of knife causing injury. The injury report has been proved and marked as Exhibit-2. Learned counsel for the State has further submitted, that Balram Mahato(P.W.3) is the witness, who has seen the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto fleeing away after assaulting the informant. Bhuneshwar Mahato has been examined as P.W.4. This witness has also supported the prosecution case regarding the assault made on left side of the abdomen of Anil Kumar Mahto by means of knife. Sheo Shankar Rajak(P.W.5) is the Sub-Inspector of police. He has also supported the prosecution case. Learned counsel for the State has thus submitted, that prosecution has proved the case beyond all reasonable doubt and the impugned judgment of conviction and order of sentence does not warrant any interference by this Hon'ble Court. 13. Heard, learned counsel for the appellant, Mr. Ankit Kumar, assisted by Mr. D. K. Karmakar, Advocate and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor and perused the materials available on record, i.e. First Information Report, framing of the charge, evidence of six prosecution witnesses, two prosecution exhibits and statement of the appellant recorded under Section 313 Cr.P.C. as well as the impugned judgment of conviction and order of sentence. Tapas Roy, learned Additional Public Prosecutor and perused the materials available on record, i.e. First Information Report, framing of the charge, evidence of six prosecution witnesses, two prosecution exhibits and statement of the appellant recorded under Section 313 Cr.P.C. as well as the impugned judgment of conviction and order of sentence. This Court has scrutinized the evidence of prosecution witnesses, Anil Kumar Mahato, victim and informant of the case, has been examined as P.W.1 and he has supported his case made out in the fardbeyan during his examination as P.W.1. Chandra Mohan Mahato (P.W.2), Balram Mahato(P.W.3) and Bhuneshwar Mahato(P.W.4) are the eye witnesses to the occurrence, as they have seen the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto fleeing away from the place of occurrence, after assaulting, the informant/victim on the left side of abdomen by means of knife causing injury, though the injury has been found to be simple in nature, but in view of the definition as laid down under Section 324 of the Indian Penal Code, the learned trial Court has rightly convicted the appellant under Sections 324 and 341 of the Indian Penal Code. Learned counsel for the appellant, Mr. Ankit Kumar has submitted, that since the injury is simple in nature and there is no repetition of blow and appellant/accused Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto has suffered rigors of trial for 15 years, as such instead of sending him to jail as he has remained in custody during trial for 1 month 3 days, some fine may be imposed payable to the victim, Anil Kumar Mahato. Learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor has no objection, as the injury is simple in nature. This Court has perused the evidence brought on record. From the evidence bought on record, it appears that informant, Anil Kumar Mahato has sustained simple injury:- 1/2”x1/2”x skin deep on the left side of abdomen as such, this Court is of the view that instead of sending him to jail, it would be appropriate if the accused shall pay a sum of Rs.11,000/- within eight weeks of receipt of notice issued by the learned trial Court. The appellant is directed to deposit a sum of Rs.11,000/- before the learned trial Court within a period of eight weeks from the date of receipt of the notice issued by the learned trial court. After the deposit of the said amount, the learned trial Court shall disburse the same to the injured, Anil Kumar Mahato after due verification. In case, appellant fails to deposit the said amount, the appellant shall serve the sentence as awarded by the learned trial Court of Simple Imprisonment for one year under Section 324 of the Indian Penal Code and Simple Imprisonment of 15 days under Section 341 of the Indian Penal Code. 14. In the result, the instant criminal appeal stands dismissed with modification in sentence. 15. The appellant, who is on bail, his bail bond is hereby cancelled. No coercive steps shall be taken against the appellant for eight weeks from the receipt of notice. If the appellant fails to deposit amount of Rs.11,000/- as directed by this Court, the learned trial Court is directed to take all coercive steps for securing the attendance of the accused, Sona Ram Mahto @ Sanatan Mahto @ Baldeo Mahto to serve out rest of the sentence as stated above. 16. Let L.C.R. along with a copy of this judgment be sent to the court concerned at once.