- (1.) This appeal at the instance of the appellants has been filed against the impugned judgment and order dated 26-3-1999 passed in Sessions Trial No. 186 of 1997 by Shri Vinod Kumar Sinha, 5th Additional Sessions Judge, Giridih whereby and whereunder appellants Bijay Singh and Pradeep Singh were found guilty for the offence punishable under Sections 307/34, 324/34, 323/34 and 341 of the Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for seven years, one year, six months and one month respectively for the offences aforesaid and appellant Sambhu Singh was found guilty for the offence under Sections 307/109, 323/34 and 341 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for five years, six months, and one month respectively for the offences aforesaid. The sentences were ordered to run concurrently in respect of the appellants aforesaid. However, appellant Sambhu Singh was not found guilty for the offence under Sections 326/ 109 and 324/109 of the Indian Penal Code and the other two appellants were also not found guilty for the offence under Section 326/34 of the Indian Penal Code and they were accordingly acquitted in respect thereof.
(2.) The prosecution case has arisen on the basis of the Fardbeyan (Ext. 1) of PW-1 Sita Ram Singh, the informant, and said to be one of the injured persons in this case recorded by S.I. M. A. Khan of Town Police Station Giridih at Sadar Hospital, Giridih on 23-6-1997 at 00.30 hour regarding the occurrence which is said to have taken place on 22-6-1997 at 20.00 hours in front of the house of the informant situate in Village- Sirodih, Police Station Giridih Muffasil, District-Giridih and a case was instituted against the appellants by drawing of a formal first information report (Ext. 4) on 23- 6-1997 at 9.15 hours. The formal first information report and the Fardbeyan have been received on 24-6-1997 in the Court empowered to take cognizance. Ext. 1/1 is the signature of PW-2 Tripurari Singh, the other injured in this case and Ext. 3 is the endorsement of the O/C Giridih Muffasil Police Station on the Fardbeyan.
(3.) The case of the prosecution, in brief, is that PW-5 Ramjce Singh, said to have sustained the injuries on his person in the occurrence in question along with PW-3 Pradip Sharma and PW-4 Nakul Choudhary came at the door of the informant on a bullet motorcycle and Ramjee Singh aforesaid got down from the said motorcycle and he was talking with the informant and other two persons aforesaid remained with the motorcycle aforesaid. It is alleged that all the appellants, all of a sudden, came there when Ramjee Singh was talking with the informant and they caught Ramjee Singh and appellant Pradeep Singh started assaulting Ramjee Singh by a sharp razor with intention to commit his murder which caused grievous injury on the right side of his abdomen as a result of which, his intestine oozed out of the abdominal cavity and thereafter appellant Pradeep Singh further assaulted him by the said razor causing bleeding injury on the front of his neck. The informant and his son Tripurari Singh (PW-2) intervened in the occurrence to rescue Ramjee Singh and appellant Bijay Singh assaulted the informant by razor causing injury on the left side of his stomach and head and he fell down and when PW-2 Tripurari Singh attempted to save him, appellant Bijay Singh assaulted him by the razor causing bleeding injury on the fingers of his left hand. It is alleged that appellant Sambhu Singh was instigating and abetting the other two appellants to commit the murder of Ramjee Singh. It is alleged that Ramjee Singh fell on the ground sustaining injuries on his person and he was groaning in pain and on the alarms the villagers collected there and the appellants fled away from there. The prosecution case further is that there had been some quarrel between Ramjee Singh and appellant Bijay Singh and others on 21-6-1997 and due to this the appellants have assaulted him.;