Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the Appellants and the learned Counsel for the state.
(2.) THE instant appeal is directed against judgment of conviction dated 09.09.2002 and order of sentence dated 10.09.2002 respectively passed in S.T. No. 161 of 1999 by Shri Arun Kumar, Additional Judicial Commissioner, Fast Tract Court, Ranchi, by which judgment he found the Appellants guilty under Sections 307/34 of the I.P.C. and sentenced them to undergo R.I for seven years. It is submitted by learned Counsel for the Appellants that there was some dispute between two accused and informant and while the accused were crossing the field, the informant had abused them thereafter these two Appellants assaulted the informant's father and gave him one blow from Mugra causing grievous injury on his head. The allegation is only against one accused i.e. Appellant No. 1 Kartik Koiri. He further stated that there is no allegation that there was any intention to commit their murder. The doctor has also not said that injury was so fatal to cause death of injured P.W.5 Ashirwad Hazam, as such, conviction under Sections 307/34 of the Indian Penal Code is bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the State has supported the prosecution case and submitted that the injury on the vital part of the body of injured by Mugra was caused by accused, as such, conviction under Sections 307/34 of the Indian Penal code is rightly given by the trial Court to the Appellants.;