- (1.) These appeals are directed against the judgment of conviction and order of sentence dated 20/03/2004 and 22/03/2004 respectively, passed by Additional Sessions Judge, Fast Track Court, Koderma, whereby and where under he convicted appellants under section 302/149/323 of the I.P.C. Appellant Ashok Ram has also been specifically convicted under section 302 of the I.P.C. All the appellants were sentenced to undergo imprisonment for life and they were further directed to pay fine of Rs.10,000/-. However, no separate sentence was awarded to appellant Ashok Ram under section 302 of the I.P.C. Learned court below further directed that on realisation of the fine from the convicts, the same be handed over to the wife of deceased,namely, Karuna Devi towards her maintenance.
(2.) Sans unnecessary particular, the case of prosecution is that on 26.06.1990 at about 8 P.M., Ashok Ram, Binu Ram , Tilak Ram and Kailash Ram armed with lathi and danda came to the shop of informant and abused him and directed him to vacate the shop, otherwise he and his family members will be killed. It is further stated that when informant's uncle Shravan Kumar( deceased) forbade them, then accused persons assaulted him with lathi and danda, due to that he received injuries on his head and fell down. Thereafter, accused Binu Ram brought sword from his house and tried to assault informant's uncle with sword, but the informant intervened and caught hold the sword. Thereafter, other accused persons assaulted informant with lathi and danda, due to that he received injuries on his head. It is stated that on hulla, persons residing in the vicinity came and rescued them. It is further stated that a case is going on in between the informant and accused persons in connection with shop and because of that case present occurrence took place.
(3.) It appears that on the basis of aforesaid information, Koderma P.S.case no.140 of 1990 dated 26.06.1990 under sections 341/323/307/34 of the I.P.C. was instituted and police took up investigation. It then appears that all the injured were examined by P.W.1 a doctor posted in Koderma Hospital. Thereafter, doctor referred injured Shravan Kumar to Rajendra Medical College and Hospital, Ranchi for better treatment, but during treatment, Shravan Kumar died on the next day. consequently, offence under section 302 of the I.P.C. was added. It appears that postmortem examination of the dead body of Shravan Kumar was held in Rajendra Medical College and Hospital on 28.06.1990. It further appears that Investigating Officer recorded statements of the witnesses and after completing the investigation submitted charge-sheet against accused person under sections 147/148/149/302/307/323/380 of the I.P.C. Learned A.C.J.M. Koderma took cognizance of the offences. Thereafter, he committed the case to the court of Sessions, as the offences under sections 302/307 of the I.P.C. are exclusively triable by a court of Sessions.;