VISHNUDEO NARAYAN, J. - (1.) THESE appeals at the instance of the appellants stand directed against the impugned judgment and order dated 15.7.1998 and 16.7.1998 respectively passed in Sessions Trial No. 326 of 1995 by Shri Kapileshwar Prasad, Sessions Judge, Giridih whereby and whereunder they were found guilty for the offence punishable under Section 326/ 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for seven years and also to pay a fine of Rs. 5000/ - each and in default thereof to undergo further S.I. for one year. However, they were not found guilty for the offence punishable under Sections 302/34 and 379 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. 3) of informant PW 5, Birendra Kumar Singh, the brother of Dhirendra Kumar Singh, the deceased of this case recorded by ASI B.K. Singh of Dhanwar PS in Referal Hospital, Dhanwar on 13.10.1994 at 10.45 hours regarding the occurrence which is said to have taken place on that very day at 8.30 hours at the house of the appellant in village Orkhar, PS Dhanwar, District Giridih and a case was instituted under Sections 307, 379, 323, 324 and 341/34 of the Indian Penal Code against them by drawing of a formal FIR (Ext. 4) on that very day at 12.00 hours and the said fardbeyan and the FIR have been received on 17.10.1994 in the Court empowered to take cognizance. Dhirendra Kumar Singh aforesaid has died on 29.10.1994 at Bokaro Hospital in course of his treatment of the injuries (sic) Code was added as per report of the I.O. The prosecution case, in brief, is that Dhirendra Kumar Singh, the deceased of this case, resident of village Orkhar, Mauza Karudih used to run a readymade garment shop at Gandhi Chowk, Dhanwar and he used to deliver garments on credit to his customers. It is alleged that the said deceased had gone to the house of appellant Mukund Singh resident of his village Orkhar at 8.30 hours on 13.10.1994 for realization of Rs. 500/ - which was due against the appellant for the supply of the garments and when he made the demand both the appellants along with co -accused Gauri Singh (since dead) started assaulting him by fist and slap. It is further alleged that the informant came to the place of occurrence on alarms and found appellant Sadanand Singh armed with a blood stained bhala and the deceased fallen on the ground groaning in pain and at that time appellant Mukund Singh and co -accused Gauri Singh were assaulting him by lathi It is further alleged that PW 1, Nar -singh Singh, PW 2 Arun Kumar Singh and Janardan Singh (not examined) also came there on alarms and they saved the deceased from being further assaulted. It is alleged that the deceased became unconscious at the place of occurrence and he was brought to the Refral Hospital for treatment and is still unconscious. The prosecution case further is that in course of the occurrence the appellants have removed a sum of Rs. 4,000/ - from the pocket of the deceased beside his H.M.T. wrist watch. It is also alleged that there are several injuries on the chest of the deceased caused by appellant Sadanand Singh.
(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been ialsely implicated in this case at the instance of PW 1, Narsingh Singh due to enmity existing and alive between him and these appellants and there were several cases in respect of the land between Nand Kishore Singh the father of PW 1 Narsingh Singh on the one hand and Brahma Singh, the full brother of Luto Singh who is the father 'sfather of the appellants.;