Anant Bijay Singh, J. - (1.) Two appellants have preferred the instant appeal as they have faced the trial in Sessions Trial No.95 of 2007 before the court of Shri Mohammed Kasim, Additional Sessions Judge, Fast Track Court No.9, Giridih whereby vide judgment dated 28th February, 2009, the learned Sessions Judge held the appellants guilty for the offence under Sections 302/34, 341/34 of the Indian Penal Code and sentenced the appellants to undergo rigorous imprisonment for life with fine of Rs.2000/- each under Section 302/34 I.P.C. and in default of fine undergo under S.I. for one month and also go under imprisonment for one month for the offence under Section 341/34 of the Indian Penal Code and both the sentences shall run concurrently.
(2.) The appeal was filed on 23.05.2009 and on 06.07.2009 delay in filing the memo of appeal was condoned. The appeal was Admitted for hearing and Lower Court Records were called for.
(3.) The case of prosecution as unfolded on the basis of fardbeyan of Rebun Bibi (P.W.7) wife of Abass Mian recorded by A.S.I. Askandh Pathak on 06.10.2006 at 11.50 a.m. alleging inter alia that on 06.10.2006 at about 10.45 a.m. in front of house of one Mansoor Mian the informant's goat discharged the urine on 'Chabutra' constructed by Forest Department whereupon hot discussion exchanged between the informant and the wives of male accused persons. Meanwhile, Abass Mian came to the place of occurrence and tried to pacify the matter. It is alleged that Khalil Mian (appellant no.1) and Mansoor Mian (appellant no.2) came to the place of occurrence and assaulted Abass Main by means of Sabbal on his head as a result of which he fell down on the ground and became unconscious and blood started oozing from the wounds. Habib came to the place of occurrence and tried to intervene. It is alleged that informant took Abass to police station from where he was sent to hospital in injured condition for treatment where he died after five days.;