- (1.) Heard learned senior counsel for the appellants and learned counsel for the State.
(2.) Both the appellants are aggrieved by the Judgment of conviction dated 12.7.2007 and Order of sentence dated 17.07.2007, passed by the learned Additional Judicial Commissioner-XVIIth, Ranchi, in S.T. No.418 of 2005, whereby, both appellants have been found guilty and convicted for the offences under Sections 302, 323 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, both appellants have been sentenced to undergo life imprisonment and fine of Rs.5,000/- each for the offence under Sections 302 / 34 of the Indian Penal Code, and they have further been sentenced to undergo R.I. for one year each for the offence under Sections 323 / 34 of the Indian Penal Code, and both the sentences were directed to run concurrently.
(3.) According to the prosecution case, the occurrence had taken place on 26.3.2005 and it is alleged that on the occasion of Holi, the informant Suren Ram had opened a stall for selling colours. It is alleged that both the accused appellants took colours worth Rs.200/- from the said stall, but they did not make the payment and on demand, they threatened for the dire consequences and went away without making any the payment. Thereafter, at about 2 PM, while the informant, his brother Sudhir Ram and his sister's son Sushil KumarVerma were going towards Seva Sadan Hospital, both the accused persons came armed with iron rods and they assaulted Sudhir Ram on his head, due to which, he fell unconscious. His sister's son came to his rescue, who was also assaulted by both the accused persons causing injuries on his hand and thereafter, both the accused persons fled away. The injured brother of the informant was brought to the Nagarmal Modi Seva Sadan Hospital for his treatment, where in course of treatment, he died. The fradbeyan of the informant Suren Ram to the aforesaid effect was recorded at the said Hospital on 26.03.2005 at about 4.00 PM, on the basis of which, Kotwali P.S. Case No.184 of 2005, corresponding to G.R. No.923 of 2005, was instituted for the offence under Sections 302, 323, 325 / 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 the accused persons.;