AMARESHWAR SAHAY, J. - (1.) THIS appeal arises against the judgment of conviction and sentence dated 21.1.2004 and 22.1.2004 respectively passed by the Additional Sessions Judge, Fast Track Court, Latehar in Sessions Case No. 213 of 2001 whereby and whereunder, the appellants have been convicted for the offence under Section 304 -Part -l/34 of the Indian Panal Code and sentenced them to under Rigorous imprisonments for a period of ten years each and to pay fine of Rs. 1,000/ - (Rupees one thousand) each.
(2.) THE prosecution case in short is that on 6.12.2000 at about 10.00 a.m., the informant Bahadur Korwa (deceased) accompanied with these two appellants was coming back from Bazarhaat and when all the three reached Jampart at about 8.00 p.m., these two appellants started abusing the informant and when he objected to it, the appellant Jugeshwar Korwa assaulted him with the back portion of tangi, on his head due to which he received bleeding injuries. The other appellant Rajeshwar Korwa also assaulted him by means of fist and slaps. Thereafter, the informant and the accused persons went to their respective home. On the basis of the said statements of the informant, the FIR was registered under Section 323, 324, 504/34 of the Indian Penal Code. During investigation, the informant died on 14.12.2000 in the hospital and then, Section 302 of the Indian Penal Code was added and these appellants were tried for the charge under Section 302/34 of the Indian Penal Code.
(3.) THE defence was complete denial of the allegations and of false implication,;