- (1.) Heard learned counsel for the appellants and the learned counsel for the State.
(2.) The appellants are aggrieved by the impugned Judgment of conviction dated 30.01.1996 and Order of sentence dated 31.01.1996, passed by the learned 6th Additional Sessions Judge, Palamau at Daltonganj, in S.T. No. 80 of 1993, whereby, both the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life for the said offence.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the deceased himself, recorded on 01.05.1991, while he was alive and undergoing treatment at Bhavnathpur hospital. The deceased informant had stated that about one month ago, the accused Seraj Mian had charged him of practicing witchcraft on his mother. In the previous night, the informant was sleeping outside his house, and at about 04:00 A.M., Seraj Mian and Sarfu Mian alongwith two unknown persons came, and with the intention to cause his death, assaulted him by knife. He has stated that Seraj pierced the knife in his neck and Sarfu Mian assaulted him on his face and the left thumb. Upon the alarm raised by him, his family members came out of the house and they saw the accused persons fleeing away. He has stated that the occurrence had taken place due to the fact that the accused persons were alleging the informant of practicing witchcraft. On the basis of the fardbeyan of the informant, Bhavnathpur P.S Case No. 49 of 1991, corresponding to G.R No.331 of 1991, was instituted for the offences under Sections 342, 324, 326, 307 / 34 of the Indian Penal Code, against both the accused appellants and two unknown persons and investigation was taken up. During his treatment at RIMS, Ranchi, the deceased died and accordingly, Section 302 / 34 of the Indian Penal Code was also added. After completing the investigation, the police submitted the charge-sheet in the case.;