KEDAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is preferred by the above-named appellants for setting aside the judgment and order of conviction and sentence dtd. 27/5/2003 and 28/5/2003, respectively, passed by learned Additional Sessions Judge-XIII, Dhanbad, in Sessions Trial No. 575 of 1995, whereby and whereunder the appellants have been held guilty and convicted for the offence under Sec. 302 read with Sec. 34 of the I.P.C. and sentenced to undergo imprisonment for life.

(2.) It is here pertinent to mention that one co-convict Kishun Ram (main assailant) had preferred Cr. A. (DB) No. 774 of 2003 and due to death of the said appellant, his appeal has been abated.

(3.) Factual matrix giving rise to this appeal is that on 27/5/1995 at about 08:00 P.M., some scuffle took place between the appellants and one Ramayan Ram. It is alleged that accused Kishun Ram was holding Sabbal (iron rod) and other accused persons were armed with lathi, all the accused persons assaulted to deceased Ramayan Ram. It is further alleged that Sabbal blow inflicted on the head of the deceased was responsible for his death. It is also alleged that the informant Rama Kant Ram brought his injured brother to Central Hospital, Jagjivan Nagar, Dhanbad for treatment but he could not be saved and died on 31/5/1995. The fardbeyan of the informant was recorded at Central Hospital, Dhanbad. Accordingly, the F.I.R. was registered for the offence under Sec. 302/34 of the I.P.C.