CHANDRESHWARI PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The abovenamed appellants were convicted by Sri Anirudha Prasad Choudhary, 2nd Additional Sessions Judge, Madhopura in Sessions Trial No. 38 of 1986 dated 17-6-1989, under S. 304, Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. Earlier they were charged under Ss. 300 and 302 of the Indian Penal Code and the lower Court found them guilty under S. 304, Part II of the Indian Penal Code and accordingly convicted and sentenced them.

(2.) The prosecution case, as alleged in the fardbeyan of one Moti Yadav was to the effect that on 27-12-1983, he was at his home and heard the sound of cutting of bamboo from bamboo clump, so he came out on the pretext of easing himself and on coming near the bamboo clump, he found that the aforesaid two appellants, namely, Chandreshwari Prasad Yadav and Kamleshwari Prasad Yadav were cutting bamboo from bamboo, clump, he protested to the latter, but the latter did not pay any heed and continued to cut the bamboo. The informent Moti Yadav tried to restrain them physically but he was subjected to assault with lathi by both the accused appellants. The informant Moti Yadav fell down as a result of the assault on the road by the side of the bamboo clump. On alarm being raised, Golai Yadav and others came to the place of occurrence. Subsequently, the injured was brought to home from where he was carried to police outpost at Parmanandpur where his fardbeyan was recorded by A.S.I. S. Lal.

(3.) The accused appellants pleaded innocence and alleged false implication.