LAXMAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This revision application is directed against the order and judgment dated 18.5.2009 passed in Cr. Appeal No. 21 of 2007 by which the judgement of conviction and order dated 20.2.2007 passed in G.R. No. 954/2003, Trial No. 912/07 arising out of Motihari Mufassil P.S. case No. 77/2003 has been confirmed.

(3.) Only, sentence is pressed referring that family members of two full brothers quarreled and in that course it is alleged that petitioners assaulted family members of the informant and his wife resulting into termination of informant's wife's pregnancy. The matter was also sensitive for which the occurrence took place that petitioners shaved their heads on death of a child, informant's grand-son without going to his door. Incident took place in the year 2003 and since then, according to the learned Counsel, petitioners are facing trial. Petitioners are ricksaw-pullars and there was no mens rea at all. There was some sudden provocation for the quarrel and in no manner assault caused was leading to termination of pregnancy.