DHANANJAY PRASAD SINGH, J. - (1.) HEARD the parties.
(2.) THE appeal arises against the judgment of conviction dated 16th July. 2002 and order of sentence dated 17th July, 2002 passed by the learned 12th Additional Sessions Judge, Dhanbad in Sessions Trial No. 200 of 1995. whereby the learned trial Court convicted the appellants, abovenamed. for the offence under Section 326, IPC and sentenced Appellant No. 1 to undergo simple imprisonment for one year and appellant No. 2 to undergo simple imprisonment for three months for the offence under Section 326, IPC, each. Brief facts leading to this appeal are that Laljee Sao. since deceased, used to reside with the appellants, as Durga Sao was his youngest son. in his house situated in Nunudih. P.S. Jorapokhar. Sudamdih. Dhanbad. As alleged, on 1st August, 1994, at about 10.00 a.m. both the appellants, wife and husband, called him and asked him to vacate the house occupied by him otherwise he would be killed. As stated, when the Informant. Laljee Sao. objected and said that after his death, this house may go to all the brothers. This infuriated the appellant, Durga Sao, who called the appellant, Kiran Devi, who went inside the house and brought one Dekchit, boiling water and poured it on the informant, resulting in burn injury on the upper portion of the body. According to the informant, thereafter, he was confined inside the room for three days and only when his elder son, Gauri Shankar Sao, learnt, he came to take him out for treatment in Jealgora Central Hospital, where the statement was taken.
(3.) THE statement of the informant was recorded by Jealgora police in the evening of 6th August, 1994, on the basis of which, Sudamdih P.S. Case No. 282 of 1994 was registered under Sections 343, 324 and 307, IPC against both the appellants. Police investigated the ease and finally submitted the charge -sheet against both of them under Sections 307, 326, 343/34, IPC.;