Prashant Kumar, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 30.11.2002 and 4.12.2002 respectively passed by the Additional Sessions Judge, F.T.C. -V Giridih, in S.T. No. 100 of 1989, whereby and whereunder, appellants were convicted under Sections 147, 452, 304 and 149 of the Indian Penal Code and sentenced to undergo R.I. for 5 years for the offence under Sections 304/149 of the Indian Penal Code. Appellants are further sentenced to undergo R.I. for 1 year, for the offence under Section 147 of the Indian Penal Code and undergo R.I. for 2 years, for the offence under Sections 452 of the Indian Penal Code.
(2.) IT is submitted by Shri T.R. Bajaj, learned senior advocate that during the pendency of this appeal, appellant No. 8 died. Therefore, this appeal abated, so far appellant No. 8 is concerned. However, Mr. Bajaj argued the case on behalf of other appellants. The case of the prosecution, in brief, is that on 19.10.1988, at about 12 o clock in the noon, while informant's husband was taking meal, appellants armed with lathi came and knocked the door of house and appellant No. 1, Budhu Kumhar called informant's husband. Whereupon informant came out her house. It is further stated that Budhu Kumhar asked as to why her husband was not going to attend duty. She replied that because of festival, her husband will not attend work for 2 -3 days. After saying so, informant returned to her house and closed the door. It is further alleged that appellants broke open the door and dragged informant's husband outside the house and then Budhu Kumhar gave a lathi blow on the head of informant's husband. Thereafter all the appellants assaulted him with lathi. It is further alleged that when the informant tried to rescue him, she was also assaulted by the appellants. It is further alleged that on hulla, other villagers arrived. Thereafter appellants fled away. It is further stated that daughter and daughter -in -law of the informant, with the help of other villagers, took the informant's husband to Dumri Hospital for treatment.
(3.) IT appears that fardbeyan of informant recorded in the Hospital and forwarded to Nimiaghat Police Station on 19.10.1988, as the occurrence took place within its jurisdiction. Thereafter Nimiaghat P.S. Case No. 113/88 under Sections 147/148/307/323/34 of Indian Penal Code instituted and police took up investigation.;