FIRANGI SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 12.11.2002 and 13.11.2002 respectively passed by 5th Additional Sessions Judge, F.T.C. II Godda in Sessions Case No. 87 of 2002, whereby and whereunder he convicted the appellants under Section 307/34, 342 and 448 of the IPC and sentenced them to undergo R.I. for seven years under Sections 307/34 IPC, S.I. for one year under Section 342 IPC and S.I. for one year under Section 448 IPC.

(2.) It is alleged that in the night of 15.6.1993 at about 9 p.m. ,all the appellants entered in the house of informant and on being instigated by appellant No. 1 (Firangi Sah), appellant No. 3 ( Bhaingri Sah) caught hold informant and then appellant No. 2 ( Dinesh Sah) inflicted injury on the informant with an intention to commit his murder. It is stated that the informant tried to save his life and caught hold the knife, because of that he received injury on his right palm and left middle finger. It is also alleged that in course of occurrence informant also received an injury on his back caused by knife.

(3.) It appears that on the next day, the matter was reported to the police and on the basis of said information Mahgama P.S. Case No. 49 of 1993 dated 16.6.1993 instituted and police took up investigation.