H.C. Mishra, J. - (1.) Heard learned counsel for the appellants and learned counsel for the State.
(2.) The appellants are aggrieved by the Judgment of conviction dated 27.05.2009 and Order of sentence dated 30.05.2009, passed by the learned Additional Sessions Judge-I, Dhanbad, in S.T. No. 23 of 1997, whereby, both the 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, the appellants have been sentenced to undergo rigorous imprisonment for life and fine of Rs. 5000/- each for the offence under Sections 302/34 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for one year and fine of Rs. 1000/- each for the offence under Sections 323/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of one Bhagwan Ram, son of the deceased Ramji Ram, recorded on 30.06.1996, at about 10:30 p.m., in Nutan Nursing Home, Godhar, in which it is stated that the accused Umesh Ram had made Laxman Ram, the brother of the informant, to drink liquor which was being objected by the informant as the doctor had forbidden him from taking liquor. It is alleged that there was an altercation. Thereafter, Umesh Ram called his brothers including Shital Ram, Ramdeo Ram, Shyamdeo Ram. All of them came there with lathi and assaulted the informant and his brother Laxman Ram, causing injuries on their heads and other parts of the body. When his father Ramji Ram tried to intervene, he was also assaulted by lathi by the accused Umesh Ram and Shital Ram on his back and forearm, due to which he fell down and thereafter both the accused persons scaled upon the chest of his father and pressed the same with feet due to which his father started vomiting and became unconscious. Thereafter, he was brought to nursing home where he was undergoing treatment. On the basis of the fardbeyan of the informant, Kenduadih P.S. Case No. 54 of 1996 corresponding to G.R. No. 1898 of 1996, was instituted for the offences under Sections 341, 323, 307/34 of the Indian Penal Code, against the named accused persons, including these appellants, and investigation was taken up. After two days of the occurrence, the father of the informant died during treatment and accordingly, Section 302 of the Indian Penal Code was also added. During investigation, the police arrested the accused Umesh Ram, Shital Ram and Ramdev Ram, and submitted charge-sheet showing the other two accused as absconders.;