LAKSHMAN URAON,J - (1.) The sole appellant Shivdhari Ram has preferred this Criminal Appeal against the judgment and order of conviction and sentence dated 2.8.2002, passed by Sri Kumar Kamal, learned Additional Sessions Judge, Fast Track Court No.1, Bermo at Tenughat, in Sessions Trial No. 74 of 1997, whereby the whereunder, he has convicted the appellant under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) INFORMANT Sohrai Yadav (PW 2) in Fard -beyan (Ext. 6) recorded on 16.9.1995 at 11.35 a.m. at Ardeer Hospital, I.E.L., Gomia, by S.I. Wasi Ahmad, has stated that on 16.9.1995 at 11.00 a.m. he was at Sasbera near Fantus Hotel in his Khatal along with his elder brother Bishundeo Yadav, nephew Birendra Yadav and Diesel Yadav. At the moment from the back side of Sasbera Rajendra Hotel, appellant Shivahari Rai, Shatrughan Rai, Satendra Rai and Jaleshwar Rai, having Lathi, Farsa, reached there and asked Bishundeo Yadav (deceased) as to why in the morning Satendra was assaulted by his son. On this query, Shivhari Rai, Shatrughan Rai, Satendra Rai and Jaleshwar Rai started assaulting with Lathi and Farsa to them. Appellant Shivdhari Rai gave a Farsa blow on the head of Bishundeo Yadav Bishundeo Yadav having sustained bleeding injury fell down. The others, namely, Shatrughan Rai, Satendra Rai and Jaleshwar Rai assaulted the informant and others. When on Hulla the nearby persons assembled, the assailants fled away. Injured Bishundeo Yadav was taken to hospital for treatment. Subsequently he was referred for better treatment from Ardeer Hospital. The injured was brought to Modi Sewa Sadan Nursing Home Ranchi, where he died in the next morning. The learned Additional Sessions Judge, Bermo at Tenughat, framed charges under Section 302/34 of the Indian Penal Code against Shvidhari Rai (appellant) and three others, namely, Shatrughan Rai, Jaleshwar Rai and Satendra Rai. He also recorded the evidence of seven Prosecution Witnesses and two Defence Witnesses. Relying the evidence of PW 2 Sohrai Yadav, who is the informant, supported by PW 3 Gopal Yadav, who claimed to be present at the spot and alleged that this appellant gave Farsa blow on the head of Bishundeo Yadav, who succumbed to his injury on the, next day, and also considering the evidence of PW 4 Kunj Bihari Dubey and the evidence of Dr. AK. Chatopadhya (PW 1), who examined the injured, who subsequently died, and the evidence of Dr. Ram Sewak Sahu (PW 5), who conducted the post -mortem examination on the dead body of deceased Bishundeo Yadav, found the prosecution case reliable and accordingly, convicted this appellant only as he is the sole appellant, who has given Farsa blow on the head of deceased Bishundeo Yadav and convicted him under Section 302/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life, while acquitting the other three accused persons, charged under Section 302/34 of the Indian Penal Code.
(3.) THE appellant has examined two Defence Witnesses. Dr. Badri Vishal Upadhyay (DW 1) has examined the appellant on 16.9.1995 at 1.10 p.m. and found one lacerated wound on the parietal bone, caused by hard and blunt substance and the 2nd defused swelling on the left arm, caused by hard and blunt substance, simple in nature. He has also examined the other co -accused, who faced the trial, namely, Satrughan Rai and Jaleswar Rai, and found injuries on their persons, all simple in nature, caused by hard and blunt substance and issued injury reports (Ext. A series). The defence has taken the plea that they were assaulted by the prosecution party for which they have instituted a case against them, which was not denied by the informant.;