SARJUG RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 8.6.1989 passed by Addl. Sessions Judge XI, Munger in Sessions Case No. 478/85 convicting and sentencing both the appellants to undergo RI for a period of seven years each under Section 304, Part (ii) read with Section 34 of the Indian Penal Code (in short, "IPC").

(2.) The case of prosecution in short is that on 12.3.1985 at about 7.00 p.m. deceased Ganga Rabidas was sitting in front of his 'darwaja' when both the appellants armed with 'lathis' came there and started assaulting Ganga Rabidas with 'lathis' saying that their brother at Calcutta was assaulted by the son of Ganga Rabidas. Ganga Rabidas, the deceased, received bleeding injuries on his head and fell unconscious. When the informant Smt. Lila Devi (PW 5), the daughter-in-law of deceased, tried to rescue the deceased she was also assaulted by the appellants with 'lathis'. After the assault both the appellants fled away. The occurrence was witnessed by Chania Devi (PW 1), Jilebiya Devi (not examined) and Shanti Devi (PW 4). The deceased was put on a cot for bringing him to police station and in the meantime his son Munsi Rabidas, who at the time of occurrence had gone to ease himself also came but the deceased died in the village itself and thereafter, his dead body was brought to police station on the same day in the night by informant and Munsi Rabidas (PW 7) where the informant lodged the FIR (Ext. 2) under Section 302/34, IPC against both the appellants. The police after investigation submitted charge-sheet against both the appellants under Section 302 read with 34, IPC. After taking cognizance the case was committed to the Court of Sessions where charge under Section 302, IPC for committing the murder of deceased Ganga Rabidas and charge under Section 323, IPC for voluntarily causing hurt to informant were framed against both the appellants.

(3.) The case of the appellants as it appears from the trend of cross-examination before the Court below was that they themselves were assaulted by the prosecution party at the time of alleged occurrence and they had also lodged an FIR and they have been falsely implicated in this case which has been lodged as the counter blast of their case. The Court below after trial held both the appellants guilty under Section 304, Part (ii), IPC and convicted and sentenced them as indicated above. There is no finding by the Court below on the charge under Section 323, IPC which was framed against the appellants for voluntarily causing hurt to informant Lila Devi.