- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 12.09.2002 passed by 5th Additional Sessions Judge, Palamau in Sessions Trial No. 396 of 1998 whereby and whereunder the learned court below convicted the appellants under Sections 323 and 324 read with Section 34 of the I.P.C. and sentenced them to undergo rigorous imprisonment for three years for the offence under Section 324 of the I.P.C. and also directed to pay fine of Rs. 1000/- each under Section 323 of the I.P.C.
(2.) The case of prosecution, in short, as per the fardbeyan of P.W. -1 (Budhu Mahto) is that on 01.04.1997 at about 9:00 a.m., while he was collecting mahuwa appellants Indradeo Ram, Shankar Ram, Babloo Ram, Santi Devi, Tilak Ram and Birendra Ram arrived variously armed with lathi, bhala, gadasa and tangi. It is further alleged that on being exhorted by Indradeo Ram, appellant-Shankar Ram gave tangi on the head of informant with an intention to commit his murder. It is further alleged that when the informant fell on the ground, appellant-Santi Devi assaulted him with lathi. It is further alleged that after hearing hulla when informant's daughter Chinta Kumari, sons Bhalu Mahto and Rajendra Yadav, his daughter-in-law Sewanti Devi arrived, they were also assaulted by the appellants. It is then alleged that appellant-Birendra Ram assaulted Rajendra Yadav with tangi, appellant-Indradeo Ram assaulted Bhalu Mahto with gadasa, appellant-Tilak Ram assaulted Sewanti Devi with lathi whereas Babloo Ram assaulted Chinta Kumari with lathi.
(3.) On the basis of aforesaid allegation, Manatu P.S. Case No. 08 of 1997 under Sections 147, 148, 149, 307, 324 and 323 of the I.P.C. instituted and police took up investigation. After completing investigation, police submitted charge-sheet against the appellants. It appears that learned C.J.M. Palamau took cognizance of the offence and committed the case to the court of Sessions, as the offence under Section 307 of the I.P.C. is exclusively triable by the court of Sessions.;