VIRENDER SINGH, C.J. - (1.) IN all, four persons were charged for the offence under section 302/307/34 I.P.C, namely Jodhi Singh, Bandhu Rana and the present two appellants. Since Jodhi Singh was declared an absconder and he was not appearing before the court after having been granted the concession of bail, the trial of the present two appellants and their co -accused Bandhu Rana was segregate. Ultimately all three have been convicted for the charge of section 302/34 I.P.C and 323 I.P.C, vide impugned judgment dated 31st March, 2015, handed down by learned Additional Sessions Judge II, Dhanbad.
(2.) MR .Tripathy, learned Senior Advocate, states that all three appellants were charged for the offence under section 307 I.P.C also for allegedly causing injury on the person of Damodar Sharma, PW8, but for want of medical evidence available on the trial court record, the said charge has not been proved, as such there is no conviction held for the said charge.
(3.) APPELLANT , Bandhu Rana aged 85 years, has already been granted the concession of suspension of substantive sentence by the Court, vide order dated 15th July, 2015. Consideration of prayer for bail qua present two appellants (Govind Rana and Lobin Rana) was deferred as trial court record was not available to the Court, which has since been received. We have heard Mr.Tripathy, learned Senior Advocate appearing for the appellants and Mr.Awnish Shankar, learned APP appearing for the State and also gone through the impugned judgment. During the course of arguments, Mr.Tripathy has also read over the statements of PW Damodar Sharma, the injured witness, upon whose evidence the entire prosecution case is banking.;