SADANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals at the instance of the appellants stand directed against the impugned judgment and order dated 15.7.1998 and 16.7.1998 respectively passed in Sessions Trial No. 326 of 1995 by Shri Kapileshwar Prasad, Sessions Judge, Giridih whereby and whereunder they were found guilty for the offence punishable under Section 326/ 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for seven years and also to pay a fine of Rs. 5000/ - each and in default thereof to undergo further S.I. for one year. However, they were not found guilty for the offence punishable under Sections 302/34 and 379 of the Indian Penal Code and they were, accordingly, acquitted in respect thereof.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of informant PW 5, Birendra Kumar Singh, the brother of Dhirendra Kumar Singh, the deceased of this case recorded by ASI B.K. Singh of Dhanwar PS in Referal Hospital, Dhanwar on 13.10.1994 at 10.45 hours regarding the occurrence which is said to have taken place on that very day at 8.30 hours at the house of the appellant in village Orkhar, PS Dhanwar, District Giridih and a case was instituted under Sections 307, 379, 323, 324 and 341/34 of the Indian Penal Code against them by drawing of a formal FIR (Ext. 4) on that very day at 12.00 hours and the said fardbeyan and the FIR have been received on 17.10.1994 in the Court empowered to take cognizance. Dhirendra Kumar Singh aforesaid has died on 29.10.1994 at Bokaro Hospital in course of his treatment of the injuries (sic) Code was added as per report of the I.O.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and they have been ialsely implicated in this case at the instance of PW 1, Narsingh Singh due to enmity existing and alive between him and these appellants and there were several cases in respect of the land between Nand Kishore Singh the father of PW 1 Narsingh Singh on the one hand and Brahma Singh, the full brother of Luto Singh who is the father 'sfather of the appellants.