HARI SHANKAR PRASAD, J. - (1.) BOTH these appeals are directed against the judgment of conviction and order of sentence dated 24.4.1998 passed in Sessions Trial No. 22/6 of 1995, whereby and whereunder the learned 2nd Assistant Sessions Judge, Jamshedpur held both the appellants guilty under Section 307/34, IPC and convicted and sentenced them to undergo R.I. for eight years each.
(2.) PROSECUTION case in brief is that Parmeshwar Sharma gave a fardbeyan before SI of Birsanagar P.S. Telco on 24.3.1994 at 11.30 p.m. at Telco hospital alleging therein that on 22.3.1994 he alongwith his brother Chander Sharma was coming on a Luna motorcycle bearing registration No. BET 3922 and Chander Sharma was driving the vehicle and when they reached near the house of appellant Ramjee. Sharma, all the accused persons, namely, Ramjee Sharma, Bishwanath Prasad Kushwaha, Bijay Prasad Kushwaha and Manoj Prasad Kushwaha, all of a sudden, came there and appellant Ramjee Sharma fired with his country made pistol causing injuries to Chander Sharma on his left arm and both of them fell down from the motorcycle. It is further alleged that other persons assaulted Chander Sharma with sword. Bishwanath Prasad Kushwaha, Bijay Prasad Kushwaha and Manoj Prasad Kushwaha assaulted them with sword and Bishwanath Prasad Kushwaha assaulted on the right side on the neck and cheek and Bijay Prasad Kushwaha and Manoj Prasad Kushwaha assaulted with sword and appellant Ramjee Sharma again fired at the informant and on hulla, mother of the informant and brother Ramjee Sharma and others came and saw the occurrence. Chander Sharma was taken to Telco hospital by a tempo, where he was treated. His brother was in senseless condition. On the basis of this piece of fardbeyan. a case bearing Birsanagar P.S. Case No. (sic) was instituted and I.O., after investigation, submitted charge -sheet. Cognizance in the case was taken and case was committed to the Court of Sessions. The learned Second Assistant Sessions Judge, Jamshedpur, after recording evidence of witnesses, both oral and documentary, came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid. Prosecution has examined five witnesses. PW 1 is Barsati Devi, PW 2 is Parmeshwar Sharma, he is informant as well as eye -witness of the case. PW 3 is Chander Sharma, he is injured as well as eye -witness of the case. PW 4 is Ramprit Sharma and PW 5 is doctor, who examined Chander Sharma.
(3.) THE Doctor (PW 5) has examined Chander Sharma on 22.3.1994 at 9.50 p.m. and found the following injuries : "1. Sharp cut injury 4" x 1" x 2" right side of neck bleeding. 2. Amputation of index, middle and ring finger of left hand at progsimal inter phologyl joint with irregular laceration over dorsion of left palm 2 - 1/2" x 2 -1/2". 3. Incised wound 2" x 1" x 1/2" over left wrist joint. 4. Incised wound 1" above left elbow 2" x 2" x 1/2" muscle protruding cut. 5. 2" above wound No. 3 incised looking lacerated wound 2" x 1" x 1". 6. Multiple tattoo mark over right arm. 7. Incised wound 1" x 1/2" x 1/2" over right elbow. 8. The wounds 1" x 1" above right wrist bleeding. 9. Partial amputation with compound fracture of thumb index and middle finger of right hand with tender injuries." According to doctor, all the injuries were fresh and bleeding. According to doctor, Injury Nos. 1, 3 to 6 and 8 were simple in nature and rests were grievous. Injury No. 4 was an incised wound. The doctor failed go give any definite opinion regarding Injury Nos. 3 to 5 but he again stated that those injuries were caused by fire arm.;