RONGON MUKHOPADHYAY,J. - (1.) By Court: Heard Mr. Binod Kumar Dubey, learned counsel for the petitioners and Mr. Ashok Kumar, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 19.01.2006 passed by the learned 1st Additional Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 35 of 1992 modifying the judgment dated 27.04.1992 passed by the learned trial court in S.T. No. 309 of 1987 arising out of Palamau P.S. Case No. 158 of 1985 whereby the petitioner no. 1 has been convicted for the offence under Sections 324 of I.P.C. and sentenced to R.I. for 3 years whereas other petitioners have been convicted for the offence under Sections 324/149 of I.P.C. and sentenced to undergo R.I. for one and half years.
(3.) The prosecution story in brief is that, on 26.04.1985 at 6:30 P.M., a meeting of the clan was called for at the Gaddi of Kashinath Agrawal and the informant was also one of the invitees. It has been alleged that one Bhagwan Prasad Agrawal had settled the marriage of his son at Patna and subsequently he had settled the marriage of his son at Ranchi. In the meeting a proposal had come that he had taken dowry in both the marriage and considering the said fact, the meeting was called. It has been alleged that on 26.04.1985, Bhagwan Prasad Agrawal and his son (petitioner no. 1) had abused Kashinath Agrawal and pulled his leg as a result of which meeting was cancelled. Later on meeting was called on 26.06.1985 and after the same came to an end and when the informant was returning to his house, the petitioner no. 1 wanted to catch hold of the informant and while the informant rushed to the shop of Kashi Nath Agrawal, the petitioner no. 1 had assaulted the informant by a knife on his back. It has been alleged that after the informant had entered into the shop, the petitioners had also entered to kill him, but Kashi Nath Agrawal has shut the shop which resulted in the informant being saved from the accused persons.;