Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 18.07.2003, passed by learned Additional District and Sessions Judge, Dhanbad, in Sessions Trial Case No. 46 of 2000, whereby the appellant Surendra Nonia has been convicted for offence committed and punishable under Section 326 of the Indian Penal Code and Gokul Nonia under Sections 326/34 of the Indian Penal Code and have been awarded rigorous imprisonment for five years. The period already undergone in custody, during trial will be set off under Section 428 Cr.P.C. The learned Trial Court has acquitted the appellants of the charge under Sections 304/34 of the Indian Penal Code.
(2.) The prosecution case is based upon the fardbeyan of Bhagwat Singh (P.W. 5), recorded by S.I. Banarasi Prasad of Katras police station, on 16.10.1999 at 10.30 A.M. at I.C.U., Central Hospital, Dhanbad, where the informant has alleged, that in the night of 15.10.1999, at around 9.15 p.m., he was watching television with his family. He was informed by his mother, that some persons have come outside of the house and are saying, that the Bada Babu (Officer-in-Charge) of the police station is calling him. Upon that, the informant came outside of the house hurriedly, as he was driving police vehicle but saw his neighbors Surendra Nonia @ Markhanda, Gokul Nonia with two other persons (one was wearing full pant and red checked shirt and another was wearing kurta and pyjama). The informant asked, that where is bada babu? In the meantime, Surendra Nonia @ Markhanda and one of the persons, who was wearing pant-shirt, came near the informant and Gokul Nonia asked them to kill the informant, upon which the informant tried to flee away to save his life but Surendra Nonia and one of the unknown person took out katari from their waists and with intention to kill, assaulted the informant on the neck, in the right side by one unknown persons and Surendra Nonia by katari assaulted on the left side of the neck of the informant. It is further alleged that, the informant, after sustaining injury, fled away, thereafter the accused/appellants exploded two bombs. The informant, anyhow, entered into his house and fell down in the injured condition. The injured was brought to Choudhary Nursing Home, Katras for treatment from where, he has been referred to the Central Hospital, Dhanbad, where he is under treatment. At hospital, he got knowledge, that his daughter Ramrati Kumari, aged about twelve years, has also been assaulted by the accused/appellants and she has sustained injury on her head by katari and mother of the informant has also sustained injury by the bombs exploded by the accused persons in his house. The informant has stated that treatment of her daughter is also going on at Central Hospital, Dhanbad. The informant has further alleged, that because of old enmity, the occurrence has taken place, where the accused persons, with intention to kill, have assaulted the informant by katari.
(3.) On the basis of the fardbeyan of the informant, the police has registered Katras P.S. Case No. 358 of 1999, dated 16.10.1999, under Sections 448, 307, 324, 325/34 of the Indian Penal Code and Section 3/5 of the Explosive Substance Act.;