- (1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 15th April, 2005 and 19th April, 2005, respectively, passed by learned Additional Sessions Judge, Fast Track Court -III, Gumla in connection with S.T. No.206 of 2003, corresponding to G.R. No.288 of 2003, arising out of Dumri P.S. Case No.17 of 2003, whereby both the appellants have been held guilty for the offences punishable under Sections 302/34, 307/34 and 341/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under Section 302/34 IPC, rigorous imprisonment for five years under Section 307/34 IPC and simple imprisonment for one month under Section 341/34 IPC. The sentences so passed were directed to run concurrently.
(2.) The fact, emerging from the Fardbeyan of Bishwanath Bhagat (P.W.9), recorded on 13th May, 2003 at 8:30 hours at Nawadih Chowk, is that on the date of occurrence i.e. on 12th May, 2003 in the morning at 7:00 a.m, the informant along with his father -Baiju Bhagat (P.W.8) and uncle Faga Bhagat (deceased) was ploughing his field, pertaining to Khata No.42. In the meantime, Benjamin Tirkey (Appellant No.1), armed with spear; Bilfred Tirkey, armed with Lathi; and Tuni Tirkey (Appellant No.2), armed with Tangi, reached to the place and raised objection against ploughing of the field. Tuni caused assault to the informant by means of Tangi on his head, whereas Bilfred Tirkey caused assault by means of Lathi. After sustaining injury, the informant fell down. The uncle of the informant ran to save the informant, but he was also targeted and Tuni Tirkey by means of Tangi, Benjamin Tirkey by means of spear and Bilfred Tirkey by means of Lathi caused assault to him. Baiju Bhagat, father of the informant, was also subjected to assault by means of Tangi by the appellant -Tuni Tirkey and Bilfred Tirkey caused assault by means of Lathi. The informant in order to save himself ran away from the place of occurrence and took shelter in village Jurmu. After sometime his father Baiju Bhagat also reached to Jurmu village and they saved their lives. On the following morning, the informant could learn that his uncle Faga Bhagat died due to injury sustained by him. On the basis of Fardbeyan of Bishwanath Bhagat Gumla, Dumri P.S. Case No.17 of 2003 dated 13th May, 2003, corresponding to G.R. No.288 of 2003, under Sections 341, 323, 324, 307 and 302/34 was registered and investigation was carried out. The police after due investigation submitted charge sheet and, accordingly, cognizance was taken. One of the co -accused Bilfred Tirkey was considered juvenile and his case was split up and these two appellants were put on trial after commitment of the case. Charges under Sections 341, 307 and 302/34 of the Indian Penal Code were framed to which the appellants pleaded not guilty and claimed to be tried.
(3.) The prosecution, to substantiate the charges, has examined altogether 13 witnesses, including informant, doctors and the Investigating Officer. Learned Trial Judge, placing reliance on the evidence and documents available, held the appellants guilty for the offences punishable under Sections 341, 307 and 302/34 of the Indian Penal Code and inflicted sentence as indicated above.;