BABUDHAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 08.01.2003 and 10.01.2003 respectively, passed by learned Additional Sessions Judge, Fast Track Court No. 1, Pakur in Sessions Case No. 540 of 1990/64 of 2002 corresponding to Litipara (District - Pakur) P. S. Case No. 04/1989 [G. R. No. 44 of 1989] whereby and where-under, both the appellants have been held guilty for the offence punishable under Section 325/34 of the Indian Penal Code and accordingly, sentenced to undergo R. I. for five years and to pay fine of Rs. 500/- each and in default of making payment of fine, further imprisonment for six months.

(2.) The facts emerging from the records are Manjhi Hansda and Hullue Hansda, the brothers of the informant, had been sleeping in a hut situated outside the house on 1 st February, 1989. On the following morning, since they did not return home till 7:00 a. m. , the informant got worried and went to the huts and found the duo injured having injuries on their face, near the eye and other parts of the body. Both the injured were brought to the Police Station from where they were shifted to the Hospital for their treatment.

(3.) After commitment, both the appellants pleaded not guilty and charge under Sections 307/34 of the Indian Penal Code against them was framed. The prosecution, in order to bring home the charge, examined altogether seven witnesses and they were Parmeshwar Hansda (P. W. -l), Kisto Marandi (P. W. -2), Ram Charan Hansda (P. W. -3 - Informant), Manjhi Hansda (P. W. -4 - Injured), Hullue Hansda (P. W. -5 - Injured), Raj Kumar Saha (P. W. -6) and the Doctor Barnwas Murmu (P. W. -7).