ISHWAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for appellants Mr. Binod Kumar Dubey as well as learned Additional Public Prosecutor appearing for the State Mr. Rajesh Kumar.

(2.) Instant criminal appeal has been preferred by the above named appellants for setting aside their conviction and sentence for the offences under Sec. 304 Part I of the Indian Penal Code passed by Additional Sessions Judge, (Fast Track Court-I) Chatra in Sessions Trial No. 99 of 1991 dtd. 18/6/2003 whereby and whereunder, the appellants have been held guilty and sentenced to undergo rigorous imprisonment for 10 years for the offence under Sec. 304 Part I r/w Sec. 34 of the Indian Penal Code.

(3.) Factual matrix giving rise to this appeal is that on 14/10/1990 at about 08:00 PM, while informant was returning to his home from the market and as he reached near the house of one Chand Ram, suddenly he was surrounded by the accused persons and assaulted by them with lathi which caused multiple injuries to him. It is alleged that due to non-availability of transportation facility in night, he was unable to go to police station. On 15/10/1990 when informant along with his friend namely Balram Ram was proceeding towards the police station to complain about the occurrence of last night, they were again intercepted by the accused persons namely Ishwar Ram and Tileshwar Ram near the house of the Lakhan Ram and they caught hold of Balram Ram and assaulted him by lathi due to which he sustained severe injuries on his head and informant was also assaulted and sustained injuries.