- (1.) THE appellants have preferred this appeal against the judgment of conviction dated 18th September, 2000 passed by Shri Ram Sagar Prasad Singh, the 3rd Additional Sessions Judge, Chaibasa, Singhbhum West in S.T. No. 126 of 1997 whereby the appellants have been convicted under Section 304(2)/34 of the Indian Penal Code and sentenced to undergo R.I. for 10 years.
(2.) BRIEF facts leading to their conviction are that Most Assi Samad wife of deceased Kari @ Rai Singh Samad of village Kanke, P.S. Tokla, Distra West Singhbhum stated before the Officer In' charge of Tokla Police Station at about 2.00 a.m. on 5th October, 1996 that last night dispute arose between her husband and appellant Narayan Samad for eating, who was agnate of the deceased. She further submitted that at about 11 p.m. on 4th October, 96, all the appellants came armed with Lathi and assaulted her husband on which she raised alarm but the appellants fled after causing grievous injury to her husband. On the basis of this statement, Chakradharpur (Tokla) P.S. Case No. 133 of 1996 was registered under Section 302/34 of the Indian Penal Code. The -appellants were charged accordingly and tried by the lower court. The trial court has found them guilty under Section 304 of the Indian Penal Code and sentenced them to serve R.I. for 10 years under Section 304/ 34 of the I.P.C.
(3.) THIS appeal has been preferred on the ground that trial court has erred in holding them guilty of the offence without any corroborative evidence. The learned counsel for the appellants Mrs. Jaya Roy stressed upon the following points that the eye witnesses have admitted that they came after the assault and saw the deceased fallen on the ground. It was also stressed that the medical evidence does not support the ocular evidence because of the fact that the medical officer has opined that grievous injury was caused by penetrating weapon whereas the witnesses have said that the deceased was assaulted with Lathi. The learned counsel for the appellant further submitted that the appellants have already remained in custody for more than seven years.;