- (1.) :The appeal is directed against the judgment dated 31.5.2001 and order of sentence dated 7.6.2001 passed by Shri Ramnath Ram Mahto, 1st Additional Sessions Judge, Giridih in Sessions Trial No. 87 of 1995, by which judgment the learned Sessions Judge found the appellant no.1, Janki Kumhar guilty under Sections 448 and 324 of the Indian Penal Code and sentenced him to undergo R.I. for 3 years under Sections 324 of the Indian Penal Code and 1 year under Section 448 of the Indian Penal Code. The learned Sessions Judge also found the appellant nos. 2 to 4, namely Dineshwar Kumhar, Ishwar Kumhar @ Ishwar Pandit and Kishun Kumhar @ Balkishun Kumhar guilty under Sections 448 and 323 of the Indian Penal Code and sentenced them to undergo R.I. for 1 year each. Both the sentences were directed to run concurrently.
(2.) THE prosecution case was started on the basis of a Fardbeyan given by the informant, Sukhdeo Pandit (P.W.6) on 25.7. 94 stating therein that on the same day at about 6 a.m. the accused persons, Janki Kumhar, Ishwar Kumhar @ Ishwar Pandit and Dinesh Kumhar all of village Beko along with accused, Kishun Kumhar came variously armed with Lathi, Tangi and Kudal entered into his house and after entering his house they assaulted him with Lathi and Tangi. The accused, Janki Kumhar gave a Tangi blow on the head of his wife, causing injury on the head. The occurrence was seen by the witness, Ghanshyam Pandit and Kitu Kumhar. On the basis of the said Fardbeyan the police registered a case under Sections 323/324/307/34 of the Indian Penal Code and after investigation submitted charge -sheet under Sections 323/324/448/307/34 of the Indian Penal Code. Since Sections 307/34 was exclusively triable by a court of Sessions and learned Magistrate after taking cognizance of the case committed the same to the court of sessions and finally the case was tried by 1st Additional Sessions Judge, Giridih, who found all the accused persons guilty and convicted and sentenced them as aforesaid.
(3.) IT appears that in course of trial the prosecution has examined eight witnesses. P.W.1 is Tukali Devi, P.W.2 is Janki Devi, P.W.3 is Most. Sugiya Devi, P.W.4 is Ghanshaym Pandit, P.W. 5 is Titu Pandit, P.W. 6 is Sukhdeo Pandit, P.W.7 is Dr. Shiv Chandra Jha and P.W.8, Arbind Kumar is Investigating Officer of the case.;