D.N.UPADHYAY,RATNAKER BHENGRA,JJ. - (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 19.06.2007 and 25.06.2007 respectively, passed by learned Additional Sessions Judge, F.T.C.-V, Garhwa, in connection with S.T. Case No. 113/04, corresponding to G.R. No.746/01, arising out of Ranka P.S. Case No. 81/01, whereby both the appellants have been held guilty for the offence punishable under Sections 147,148,302,149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Sections 302/149 of the Indian Penal Code and to pay a fine of Rs.5,000/- each, in default of making payment of fine, further rigorous imprisonment for three months. The appellants have been further inflicted sentence of rigorous imprisonment for six months for the offence under Section 147 of the Indian Penal Code and rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. The sentences so passed were directed to run concurrently.
(2.) The facts, emerging from fardbeyan of Lallan Ram, recorded on 27.10.2001, at 6:30 a.m., are that on 26.10.2001, at about 8:00-9:00 p.m., parents of the informant were talking with each other and they were discussing as to why Bidai of their daughter-in-law was not given by her parents. The subject of the discussion was that some villagers might have misled the daughter-in-law and that might be reason, her parents did not allow her to go to her in-laws house. The discussion so going on was heard by daughter of the accused Birjhan Bhuian and she informed her parents and said that informant's family are criticising them. It is alleged that the appellants and their associates, who were named in the FIR, armed with deadly weapon like garasha, kulhari, lathi etc., reached to the house of the informant and challenged them to come out of the house. No sooner the informant came out of the house, all the accused persons made an attack to cause assault but somehow the informant escaped from their clutches and saved himself. Thereafter, Mulhar Bhuian and Saltoo Bhuian came out of the house to know the situation but they were subjected to assault by the appellants and their associates. It is specifically alleged that appellant Lakhan Bhuian gave garasha blow on the neck of Mulhar, as a result, he sustained injuries and died on the spot. Saltoo was assaulted by appellant Churagu by means of Tangi and he sustained injuries on his face, neck and other parts of the body. Companion accused also caused assault by lathi. Before the villagers attracted towards the occurrence after hulla, appellants and their associates fled away. Saltoo died in course of his removal to the hospital. On the basis of fardbeyan of Lallan Ram, Ranka P.S. Case No. 81/01 dated 27.10.2001 under Sections 147,148, 149, 302 of the Indian Penal Code against seven named accused persons, including the appellants was instituted.
(3.) The investigation was carried out, charge-sheet was submitted and accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as S.T. Case No. 113/04.;