AMARESHWAR SAHAY, J. - (1.) THESE two appeals arise out of the same impugned judgment and, therefore, they were heard together and are being disposed of by this common judgment.
(2.) THE appellant Sunil Kumar in Cr. Appeal No. 442/2004 and the appellant Vishal Kumar Singh @ Dharmendra Singh in Cr. Appeal No. 432/2004, were tried together for the charges under Sections 307/34 and 323 of the Indian Penal Code and by the impugned judgment dated 26.2.2004 in Sessions Trial No. 176/1999, the learned Additional Judicial Commissioner, Fast Track Court, Ranchi convicted both these appellants for the said offences and sentenced them to undergo RI for a period of seven years each for the offence under Sections 307/34, IPC and also to pay a fine of Rs. 1000/ - each in default to undergo RI for a further period of six months and RI for a period of three years each for the offence under Section 323, IPC. The case of the prosecution in short is that the informant PW 5 Jitendra Kumar gave his fardbeyan (Ext. 1) on 5,9.1997 in the Plant Project Hospital, Dhurwa, where he was admitted for treatment for the injuries received by him on the alleged occurrence, which took place on 4.7.1997 at 7.00 a.m. According to the informant, on the date and time of the occurrence when he was proceeding towards Paradise Saloon, which was situated in Sector -II market, for his hair cut, in the meantime on the way in front of Panchmukhi Mandir near a cycle shop, Vishal @ Nunu of Sector -I called him and asked him to stop. Thereafter, the said Vishal assaulted him on his face by his fistsdue to which the informant fell down oft the ground but he stood up again. The accused Vishal again wanted to assault him but the informant caught hold of his hand. In the meantime, the appellant Sunil Kumar of Section -II came there and then both the accused started assaulting him. The informant however, alleged that then Vishal who was a residue of side 4 of adjacent block of Rajesh Betal shop and two unknown boys also came there. Thereafter, Vishal @ Nunu and Sunil Kumar, i.e. the appellants, attacked, and assaulted the informant by means of Ashtura, the informant tried to ward off the assault due to which he received Ashtura injury on his left hand. Thereafter, Sunil Kumar, the appellant again assaulted the informant by means of Ashtura causing injury on his waist due to which the informant fell down on the ground thereafter, all the accused persons started assaulting the informant. Vishal @ Nunu, in order to kill the informant, placed Ashtura on the neck of the informant but since the informant raised hua due to which several persons assembled, there and then the accused persons fled away. The informant alleged in the F.I.R. that he became unconscious and subsequently, some scooter rider brought him to the hospital where he was admitted for treatment. The cause of occurrence, according to the informant, was that a day prior to the date of occurrence, there was some scuffle in between him and Vishal @ Nunu in connection with a gas cylinder due to which the accused persons assaulted him and tried to kill him.
(3.) THE defence of the appellants is total denial of the occurrence and of false implication.;