Ananda Sen, J. - (1.) All the appellants have been convicted for committing offence under Sections 323 and 341 of the Indian Penal Code. Further appellant No.1 has been convicted for committing offence under Sections 379 and 304, Part (II) of the Indian Penal Code. The appellant Nos. 2 and 3 have been released under Section 360 of the Code of Criminal Procedure after executing bonds, but the appellant No.1 has been sentenced to undergo S.I. for one month for the offence under Section 341, I.P.C., R.I. for one year for the offence under Section 323, I.P.C., R.I. for three years for the offence under Section 379, I.P.C. and R.I. for three years for the offence under section 304, Part (II), I.P.C. The judgment of conviction, dated 27.03.2003 and the order of sentence passed on the same date in S.T. No. 340/1990 by Sessions Judge, Palamau at Daltonganj, is under challenge in this criminal appeal.
(2.) Prosecution case, in brief, is that P.W.4 (informant) in his fardbeyan, which forms the F.I.R., has narrated that on 2.12.1988 at about 8 p.m., he closed his grocery shop and was on the way to his house, when these three appellants along with one Ramadhar Singh (now dead) tried to force the informant to open the shop. On his refusal the informant was assaulted by fists and slaps and Ramadhar Singh is alleged to have taken out Rs. 1500/- from his pocket. The informant started fleeing away from the place of occurrence, but he was chased and when he reached in front of his house, he was again assaulted by all the accused persons. The mother of the informant Indu Devi (deceased) came to intervene but she was pushed by the appellant No.1 as a result of which she fell down and became unconscious. It is further alleged in the fardbeyan that this appellant No.1 snatched the golden chain from the neck of Indu Devi and thereafter all the appellants fled away. Indu Devi was taken to the hospital in unconscious state.
(3.) On the basis of the aforesaid fardbeyan the police registered Panki P.S. Case No. 93 of 1988 for the offence under Sections 341, 323, 307, 379/34, I.P.C. against all the accused persons. Indu Devi died after institution of the F.I.R.;