Ratnaker Bhengra, J. - (1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence, dated 30-1-2003 and 31-1-2003 respectively passed by Shri Prem Prakash Pandey, Addition Sessions Judge-cum-Fast Track Court No. 5, Deoghar in S.T. No. 182 of 1998/322 of 2002 whereby and whereunder appellants were sentenced to undergo R.I. for seven years under Section 307/34 of the Indian Penal Code, R.I. for three years u/S. 324, IPC, R.I. for one year u/S. 323, IPC and S.I. for one month u/S. 341, IPC and all the sentences were ordered to run concurrently.
(2.) The prosecution case, based on the fard-beyan of the informant Vinod Kumar Mandal or P.W. 4, is that on 16-5-1998 at about 5 p.m., while he was going to Dhamni market by his bicycle and reached near the Shiv Temple, situated in western side of his village he saw Shyamlal Mandal and Dashrath coming from the side of Dhamni market and they purposefully dashed against him. He fell down from his bicycle, then accused Shyamlal Mandal caught hold of him and ordered his son Dashrath Mandal "what are you looking at, finish him". Thereupon accused Dashrath Mandal took out a knife from his waist and caused first blow upon his head and then he inflicted second blow on his chest and third blow on his hand. Thereupon, accused Shyam Lal Mandal again ordered to attack on his neck and after passing this order he felled him on the earth. Then accused Dashrath Mandal attacked on his neck with knife. The said knife was caught hold of by the informant which resulted in cut injury on his right hand finger. Then again accused Dashrath Mandal attacked on his neck and informant again caught hold of the knife with his left hand and this time he received cut injury on left hand. Having heard his alarm (hulla) villagers Ramu Mandal, Girdhari Mandal and Ashok Mandal rushed there. Seeing the villagers, both accused persons that is both father and son fled away threatening that they will see him again.
(3.) On the basis of his fardbeyan Madhupur P.S. Case No. 89 of 1998 was registered and after investigation charge-sheet was submitted u/S. 323/324/341 and 307 r/w Section 34, IPC. Thereafter, cognizance was taken and case was committed to the court of Sessions and registered as S.T. No. 182 of 1998/322 of 2002. The charge was framed against the accused to which they pleaded not guilty and claimed to be tried. The prosecution examined altogether six witnesses and on the conclusion of the trial the learned trial Court convicted and setented the appellants as aforesaid.;