- (1.) : The present appeal has been filed by the two appellants namely Awdhesh Tiwary and Basudeo Tiwary who have been convicted for the offence under section 307/34 IPC and have been sentenced to undergo R.1. for a period of seven years each and also to pay a fine of Rs.1,000/ - each in default to undergo R.1. for a further period of three months each by the 2nd Additional Sessions Judge, Giridih in Session Trial No. 215 of 1990 by the impugned judgment dated 23rd January 1998.
(2.) BOTH the appellants were charged under Section 307/34 IPC for intentionally causing injuries by means of Farsa on the informant Kaushalya Devi, (P.W.4) on 28.3.1990 in furtherance of their common intention to kill her. The prosecution case in short is that P.W. 4 Kaushalya Devi gave a fardbeyan on 28.3.90 at the police station alleging therein that while she was going to take bath with her sister -in -law (Gotni), Chinta Devi to "Darhi' and when they reached near the Mango tree of Rameshwar Tiwary, she saw the appellants Awdhesh Tiwary and Basudeo Tiwary standing armed with farsa in their hands and then Awdhesh Tiwary stopped her and told that he could kill her by uttering "Sali aaj tumko jaan se marker phek dete hai' and thereafter Awdhesh Tiwary assaulted her by means a farsa on her head causing cut and bleeding injuries, due to which she fell down. Thereafter both the appellants assaulted the informant indiscriminately by means of farsa causing injuries on her right shoulder, right arm, left shoulder etc. It is said that due to the said assault, the left thumb of the informant was completely chopped of. On her hullah, her brother -in -law (Bhaisur) Mahabir Tiwary and Bimla Devi arrived. It is further stated that Bimla Devi ordered the appellants Awdhesh Tiwary and Basudeo Tiwary to kill the informant upon which Awdhesh Tiwary gave farsa on the cheek of the informant causing cut injuries. By that time villagers had assembled there and on seeing them the accused persons said to have fled away from the said place. The motive behind the occurrence was said to be that seeing the informant was a widow and issue less and as such the appellants had their greedy eyes on her landed property and, therefore, they wanted to kill her.
(3.) IN order to establish the charges the prosecution examined altogether five witnesses. PW.1 Chinta Devi is the eye witness to the occurrence and she was with the informant. When both of them were going to take bath. P.W. 2 is Mahabir Tiwary who on hulla of the informant reached at the P.O. and saw the appellants assaulting the informant. P.W. 3 is the doctor Suresh Bharamachari who medically examined the informant and found the following injuries on her person. (i) Incised wound 4" x 3" bone deep over left shoulder, cutting the head of humerus (bone of upper arm). (ii) One incised wound 5" x 3" x deep to the bone cutting the left claricle scapula. (iii) Amputated left thumb with sharp margin over the root of the thumb. (iv) One incised wound 21/2 x 1/2 x scalp deep over left parietal area. (v) One incised wound 21/2 x 1/2 x muscle deep over right arm. (vi) Incised wound 5" x 3" x muscle deep over right shoulder cutting partly the clarical. (vii) One incised wound 21/2 x 21/2 x deep to the bone over left parietal scalp. (viii) One incised wound 3" x 2" x muscle deep over left maxillary area (Prominent part of cheek).;