- (1.) BY Court: Heard the learned counsel for the appellants and counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction dated 17.7.2001 and order of sentence dated 21.7.2001 passed by Sri Sharang Dhar Singh, 5th Additional Sessions Judge, Dhanbad, by which he found both the appellants Dilip Bauri and Shankar Bauri guilty for the offence under Section 307/34 of the Indian Penal Code and convicted there under and sentence them to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/ -each and in default of payment further to undergo six months simple imprisonment. The prosecution case was started on the basis of the fard beyan given by the informant Bilas Das, P.W.6 on 3.6.1995 at about 10 P.M. at night, stating therein that, when he along with his wife Lala Devi @ Lalita Devi, mother Jhunia Devi and father, Biru Ravidas were talking regarding the marriage of his daughter Elaichi Kumari out side of their house, then the two accused Dilip Bauri and Shankar Bauri came along with other people. They were fully drunk and making hulla, whereupon Bilas Das came out from the house and asked them to go away since they are talking about the marriage of their daughter. Thereafter, Dilip Bauri and Shankar Bauri started abusing them; thereafter the appellants Dilip Bauri and Shankar Bauri went to their house and thereafter Dilip Bauri came with lathi and Shanker Bauri came with Sabbal in their respective hands. Dilip Bauri gave a lathi blow on the head of Bilas Das, causing injury to him with intention of causing death. Thereafter, his father and mother came out from the house, who were also assaulted by Shankar Bauri and Dilip Bauri with lathi and Sabbal. Thereafter, they went to the police station from where he and his father were sent to the hospital, where they were treated.
(3.) ON the basis of the said fard beyan, the police registered a case under Sections 447, 341, 323, 325, 506, and 307/34 of the Indian Penal Code and after investigation submitted charge -sheet under all the aforesaid sections. After submitting charge -sheet, cognizance was taken by the learned Chief Judicial Magistrate and committed the case to the court of Sessions since the case was exclusively triable by Court or Sessions. The trial was held in the court of Sessions and charges were framed under Sections 307/34 of the Indian Penal Code and after trial the accused persons were found guilty as aforesaid.;