MANIK CHAND CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 18.9.1987 passed by 9th Addl. Sessions Judge, Patna in Sessions Trial No. 233 of 1986 whereby the appellants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant, Deopujan Chaudhary has further been convicted for the offence under Section 323 of the Indian Penal Code but no separate sentence has been awarded.

(2.) The prosecution case is that on 4.6.1984 at 6 p.m. one Ganesh Chaudhary gave his fardbeyan that at about 2 p.m. his brother Ramanand Chaudhary and Ram Dhyan son of Phagu Chaudhary quarrelled among themselves Ramanand Chaudhary came to his house and made a complaint to his father Basgit Chaudhary. Basgit Chaudhary went to the house of Phagu Chaudhary and protested. On protest, Deopujan Chaudhary assaulted Godni Devi, wife of Basgit Chaudhary. Indri Devi tried to save her but she was also assaulted by Deopujan Chaudhary. Gouni Devi raised alarm on which her husband Basgit Chaudhary tried to save her. Manik Chand Chaudhary gave a blow with iron rod on his head due to which he fell down and thereafter, it has been alleged that appellants Deopujan Chaudhary and Phagu Chaudhary assaulted the deceased. After assault Basgit Chaudhary died on the spot.

(3.) On the aforesaid fardbeyan a formal first information report was drawn, investigation was taken up and on completion of investigation charge-sheet was submitted. The Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants as indicated above.