AWADHESH TIWARY Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) : The present appeal has been filed by the two appellants namely Awdhesh Tiwary and Basudeo Tiwary who have been convicted for the offence under section 307/34 IPC and have been sentenced to undergo R.1. for a period of seven years each and also to pay a fine of Rs.1,000/ - each in default to undergo R.1. for a further period of three months each by the 2nd Additional Sessions Judge, Giridih in Session Trial No. 215 of 1990 by the impugned judgment dated 23rd January 1998.

(2.) BOTH the appellants were charged under Section 307/34 IPC for intentionally causing injuries by means of Farsa on the informant Kaushalya Devi, (P.W.4) on 28.3.1990 in furtherance of their common intention to kill her.

(3.) IN order to establish the charges the prosecution examined altogether five witnesses. PW.1 Chinta Devi is the eye witness to the occurrence and she was with the informant. When both of them were going to take bath. P.W. 2 is Mahabir Tiwary who on hulla of the informant reached at the P.O. and saw the appellants assaulting the informant. P.W. 3 is the doctor Suresh Bharamachari who medically examined the informant and found the following injuries on her person.