H.C.MISHRA,J. - (1.) Heard learned counsel appearing for the appellants, learned counsel for the State as also learned counsel for the informant.
(2.) This appeal has been filed by the appellants, being aggrieved by the Judgment of conviction dated 31.07.2006 and Order of sentence dated 05.08.2006, passed by the learned Additional Sessions Judge, F.T.C.-II, Dhanbad, in Sessions Trial No. 264 of 2004, whereby both the appellants have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life and fine of Rs. 5000/- each, for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant, Md. Shabbir Hussain, the son of the deceased Suddin Mian. The deceased was an employee in B.C.C.L and was residing in Quarter No. BM/214 of B.C.C.L. The occurrence had taken place in the night between 3-4.12.2003. The accused appellant No. 1 is the father-in-law of the elder brother of the informant, whereas the accused appellant No. 2 is the brother-in-law of appellant No. 1. It is stated in the fardbeyan that there was family dispute between the parties. It is alleged that in the night between 3-4. 12.2003, while the informant and his father were sleeping in the house, both the accused persons entered the house by breaking the latch of the door and they dragged out the father of the informant to the courtyard where accused No. 2 Shamshuddin Mian S/o Late Husaini Mian assaulted his father by a wooden shaft, due to which his father fell down with bleeding injuries. The informant tried to raise alarm whereupon it is alleged that accused No. 2 pressed his mouth and also assaulted him with slap and, thereafter, both of them fled away. Upon the alarm raised by the informant several persons assembled and found the father of the informant lying in the pool of blood and they also found the weapon used in the occurrence, i.e., wooden shaft, one leather belt and one sword, which were left behind by the accused persons while fleeing away. On the basis of the fardbeyan given by the informant Md. Shabbir Hussain, Putki (Moonidih) P.S. Case No. 158 of 2003, corresponding to G.R. No. 3531 of 2003, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code, against both the accused persons, and investigation was taken up. After investigation, the police submitted the charge sheet against both of them.;