BHUKHAR GOPE AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Pooja Kumari, learned counsel appearing for the appellants and Mr. Krishna Shankar, learned counsel appearing for the State.

(2.) This appeal is directed against the judgment, dated 23.07.2003 passed by the learned Additional Sessions Judge, F.T.C. No. - II, Dhanbad in S. T. No. 184 of 1995 whereby and whereunder the appellants have been convicted for the offences punishable under Sections 307/34, 341/34 and 323/34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years, one month and six months respectively as also to pay a fine of Rs. 1,000/- each.

(3.) The prosecution story in brief is that on 25.05.1994 at about 06:30 a.m., when the informant was in his house on the cry of alarm he came out and saw the accused persons armed with Farsa assaulting his father Hakim Gope resulting in injury near his left knee. It is alleged that when the informant tried to save his father appellant No. 2 gave a Farsa blow on the informant which caused injury on his left arm and fingers of the right hand. It is alleged that the appellants had also assaulted him on his head. When the younger brother of the informant and his mother came to their rescue, the accused persons had bolted the door. It is alleged that the reason behind the occurrence is previous enmity with respect to an alley.