VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the appellants named above against the judgment dated 24.7.1996 passed in Sessions Trial No. 162 of 1993 by Sri Ashoke Kumar Prasad, Sessions Judge, East Singhbhum, whereby all the appellants were found guilty for the offence punishable under section 304 Part II read with section 34 I.PC. and they were convicted and sentenced to undergo R.I. for seven years each.
(2.) THE prosecution case has arisen on the basis of the written report of informant (P.W. 5), Laxmi Hembram, widow of deceased Charan Hembram of this case lodged before the O.C. Parsudih PS., District East Singhbhum on 20.9.1992 at about 24.30 hours regarding the occurrence which is said to have taken place on 19.9.1992 at 20.00 hours near Sanjay Gandhi Memorial Club, P.S. Parsudih, District East Singhbhum. The prosecution case, in brief, is that a quarrel was going on between Charan Hembram aforesaid and the appellants near the Sanjay Gandhi Memorial Club and the informant had gone there on alarms and has seen all the three appellants assaulting Charan Hembram with 'Lathi. It is alleged that Charan Hembram fell down and the appellants dragged him from the place of occurrence to the house of the informant and when he was brought at his house Hembram had sustained severe injuries on his leg, waist and back. It is also alleged that RW. 3, Churan (sic) Soren, and P.W. 4., Gurubari, the sister -in -law and mother -in -law respectively of the informant besides the persons of the neighbourhood came there on alarms and thereafter the appellant had left assaulting Charan Hembram aforesaid. It has been alleged that there had been a quarrel between Charan Hembram aforesaid and the appellants regarding taking of tea by him. Lastly it has been alleged that all the appellants are notorious criminals and they have assaulted Charan Hembram with intention to commit his murder.
(3.) THE case was initially under sections 307,325,342,323/34 I.P.C. and after the death of Charan Hembram on 23.9.1992 the offence under section 302 I.P.C. was added.;