STATE OF BIHAR Vs. KEDAR GOSAIN

JUDGEMENT

(1.) The present Government Appeal questions the order of acquittal passed by the learned Sessions Judge, Gopalganj, in Sessions Trial no. 159 of 1986 on 11th March, 1988 by which two respondents were acquitted of the charges under Sections 302, 324 and 201 of the Indian Penal Code.

(2.) Prosecution case was that respondent Kedar Gosain had a very bad relationship with his father, Tileshwar Gosain, and as a result of that respondent Kedar Gosain was living separately from the deceased with his wife. It was alleged that all of a sudden Kedar Gosain stabbed his father. The mother of respondent Kedar Gosain, namely, Pashpati Devi (P.W.2) and her daughter raised hulla thereupon the informant, Rabindra Giri (P.W.5) rushed there and saw respondent Kedar Gosain stabbing his father repeatedly. The protest by Rabindra Giri (P.W.5) was of no avail. P.W.5 went ahead to intervene so as to save the deceased but he was also given blows with knife which hit on his left thigh. The informant and his brother, Jogendra Kumar Giri (P.W.3) together came to Hathwa and was examined by Doctor in his private clinic, namely, Dr. Hira Lal.

(3.) It is further alleged that Kedar Gosain, the respondent, so as to creating a defence for himself, took up the dead body of his father and brought it to the Darwaza of one Bigan Sah and left it there. The other respondent, Kunti Devi, also washed away the blood from the ground of the place of occurrence.