Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.
(2.) The present appeal has been preferred against the Judgment of conviction and order of sentence dated 28th January 2004 passed by learned Additional Sessions Judge-IV, Fast Track Court, Jamtara, in Sessions Case No.52 of 1999 / 55 of 2001 (arising out of Jamtara P.S. Case No.128 of 1996, corresponding to G.R. No.304 of 1996) whereby the Trial Court has convicted Shibnarayan Sah, appellant No.1 for charge under Section 324 of the Indian Penal code and awarded sentence of simple imprisonment for three years and the appellant Nos.2 and 3 Manoj Sah and Nimai Sah were convicted for the charge under Section 323 of the Indian Penal Code and sentenced to undergo simple imprisonment for nine months. Appellant No.1 Shibnarayan Sah had died and thus, this appeal preferred by appellant no.1 is abated. The present appeal has only been pressed for Manoj Sah and Nimai Sah, appellant No.2 and 3 respectively, who have been convicted and sentenced for charge under Section 323 of the Indian Penal code and sentence them to undergo simple imprisonment for nine months.
(3.) The prosecution case is based upon the fardbeyan of informant, Surendra Prasad Sah recorded by Sub-Inspector K.P. Singh of Jamtara P.S. on 3.7.1996 at Jamtara Hospital at 5 O' clock. The informant has alleged that when he came out of his house, his co-sharers Shibnarayan Sah with tangi, Manoj Sah with lathi, Nimai Sah also with Lathi came there and started assaulting him at the door. It is alleged that, Shibnarayan Sah caused hurt to the informant by Tangi due to which informant fell down. When daughter of the informant came for rescue, the accused persons also caused hurt to her. Some ornaments and utensils were also taken away by the accused persons. The cause of occurrence is said to be distribution of share of land of their brother Laxmi Sah, who died without any legal heir. The informant in the fardbeyan has also stated, that the accused persons have also got some hurt. It is also stated, that Mansu Mahato, Kamdeb Prasad Sah, Prabhu Mahato came there. The informant has sustained injury on his head and back. On the basis of the fardbeyan, the police registered Jamtara P.S. Case No.128 of 1996 dated 3.7.1996, under Sections 341, 324, 323, 379 and 34 of the Indian Penal Code against three accused persons and started investigation and during investigation, informant Surendra Prasad Sah died at Asansol Hospital. Thus the Investigating officer, vide order dated 12.01.1996, has prayed for addition of Section 302 of the Indian Penal Code which was allowed and Section 302 of the Indian Penal Code has been added.;