RAM ASHRAY PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 7.2.2005 of the Additional Sessions Judge -cum -Fast Track Court No. 4, Siwan whereby the Appellants have been convicted under Section 304/34 of the Indian Penal Code and sentenced to undergo R.I. for ten years and a fine of Rs. 3000/ - and in default of payment of fine to undergo S.I. for three months. The Appellants have also been convicted under Sections 342 and 323 of the Indian Penal Code and respectively sentenced to undergo R.I. for three months and R.I. for six months.

(2.) THE deceased Indradeo Bhagat was the father of the Appellants. The F.I.R. was registered on the basis of the fard -beyan (Ext. -2) which was recorded on the basis of the statement of Parmalal Prasad (P.W.8) on 20.5.1994 at 4:30 P.M. at Barharia Primary Health Centre where the deceased and other injured had been taken for treatment. The prosecution case as stated in the fard -beyan was that that day (20.5.1994) at 7.00 A.M. he (informant Parmalal, Prasad, P.W.8, the full brother of Appellant Jit Narayan Prasad) went to the roof of his house for keeping cow dung cakes on a portion of it but his younger brother Jit Narayan Prasad (Appellant) prohibited him in keeping it there stating that the roof belonged to him. This informant insisted that it also belonged to him whereupon, the Appellant pushed him away and also started beating him with lathi. On his (informant's) cry, his father Indradeo Bhagat (deceased) came to save the informant but the Appellant gave a lathi blow on his (deceased's) head as a result of which, he (deceased) fell down on receiving injury. It was further alleged that the Appellant Jit Narayan Prasad called Ramashray Prasad, the other Appellant and thereafter, they closed door of the house from inside. Further allegation was that when the informant's wife Prabhawati Devi (P.W.5), son Rama Shankar Prasad (P.W. 9) came to save him but they were also assaulted by lathi, fists and slaps at the hands of the Appellants. The informant alleged that due to assault he received injury including fracture injury on his left hand. After recording of the F.I.R. on the basis of fard -beyan and completion of investigation charge sheet was submitted and the Appellants were put on trial and on conclusion of trial they have been convicted and sentenced as above.

(3.) P .Ws.5 Prabhawati Devi, P.W.8 Parmalal Prasad and P.W.9 Ram Shankar Prasad are the eye -witnesses to the occurrence and they are also stated to have received injury at the hands of the Appellants during the occurrence.