ARJUN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant Arjun Rai against the judgment and order dated 17th of July, 1996 passed by the 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 271 of 1994/33 of 1994 convicting the appellant under Sec. 304 (Part II) of the Indian Panel Code (hereinafter referred to as the I.P.C.) and sentenced him to undergo RI for 10 years.

(2.) THE prosecution case in brief is that in his fardbeyan (Ext. 4), the informant Etwari Rai (PW -5) recorded by SI Binod Kumar (PW -6) on 22.2.1994 at Primary Health Centre, Kawakol, district Nawadah stated that on this day at about 4.00 p.m. accused Arjun Rai was quarrelling with his father for the sake of getting wages of Kahari in the marriage ceremony of Basudeo Rai. In the meantime, the uncle of accused Arjun Rai intervened and asked him not to quarrel with his father. Thereupon, Arjun Rai gave a Tangi blow on the head of Mahadeo Rai causing serious injuries. The injured was removed to Primary Health Centre, from where he was referred to Sadar Hospital, Nawadah but he succumbed to the injuries. On the basis of the fardbeyan (Ext. 4) FIR (Ext. 6) was drawn up. After commitment the trial proceeded in the Court below. The case was charged under Sec. 302, I.P.C. but the trial Court convicted him for the offence under Sec. 304 (Part II), I.P.C. and sentenced him accordingly.

(3.) THE case of the defence is that he has been falsely implicated in this case because of family dispute.