PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 12:

The instant criminal appeal has been heard together with the Criminal Appeal (DB) No. 86 of 2024, arising out of the common impugned judgment dated 09.06.2023, which is against the acquittal of the instant appellants under Section 302 of the Indian Penal Code and after having heard both the appeals, judgments are being passed separately.

2. The instant criminal appeal is preferred by the appellants/convicts against the judgment dated 09.06.2023 passed by the learned Additional District & Sessions Judge- IX, Saran, Chapra in Sessions Trial No. 304/2005 (Registration No. 1700/2014) arising out of Janta Bazar P.S. Case No. 15/2003, whereby they have been convicted and sentenced to undergo rigorous imprisonment of three years and to pay a fine of Rs. 5,000/- each under Section 324/34 of the IPC and in default of payment of fine amount, additional imprisonment for three months.

3. Vide order dated 06.07.2023, Trial Court Records were called for, which were received on 01.08.2023.

4. The prosecution case, in brief, is that on 27.03.2003 at about 9:00 PM, when the deceased informant was sitting in front of his house besides the road alongwith others, Manoj Sah and Sharda Sah came abusing the informant and Sharda Sah caught hold of his hands and, having instigated his brother Manoj Sah, said "what are you doing, stab the knife". Upon this, Manoj Sah stabbed the knife repeatedly in the stomach of the informant. When informant was trying to save himself, he got injury on his hand and fell down. He raised alarm on which nearby people Mogal Ram, Tasaur Dhobi and others came and then accused persons fled away. With the help of villagers, he was taken to Sadar Hospital in emergency ward where his treatment was going on.

5. On the basis of fardbeyan of the informant, Janta Bazar P.S.Case No.15/2003 was initially instituted under Sections 323, 324, 341 and 307/34 of the I.P.C. and subsequently, during investigation, Section 302/34 of the IPC was added by the police. The police, after investigation, submitted charge-sheet against Respondent Nos. 2 to 3 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the appellants to which they pleaded not guilty and claimed to be tried.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MjQjMjg4NSMyMDIzIzEjTg==-oLlNeNQJeiU=

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