RAMBALAK BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment dated 31.05.2019 passed in Sessions Trial No. 37 of 2018 (arising out of Motihari Mufassil P.S Case No. 499 of 2016) whereby the learned Additional Sessions Judge-13, East Champaran, Motihari was pleased to acquit the respondent nos. 2 and 3.

(2.) The prosecution case as per the written statement filed by the informant (appellant herein) on 28.12.2016, is that on 27.12.2016 at about 7 am as a result of the damage caused to the pole at the old house of the informant, there was altercation between the informant's son Pramod Kumar and his neighbour Krishna Bhagat. It is stated that at this time the brother of Krishna Bhagat, namely, Rajesh Kumar struck the informant's elder son Shiv Chaurasiya with a bamboo stick on his head as a result of which he sustained injuries and fell down on the ground. In the occurrence Sandeep Kumar son of Krishna Bhagat was also involved and had also abused and assaulted. It is stated that thereafter they took the injured Shiv Chauraisiya to Sadar Hospital, Motihari where he was seen by the doctor who seeing the condition to be serious referred him. Thereafter it is stated that the injured was treated at Rahmania Hospital in Motihari but as his condition did not improve, he was referred to Patna on 28.12.2016. It is further stated that in course of treatment at Tara Nursing Home in Patna at 3.10 pm, Shiv Chaurasiya son of the informant died. Thereafter his dead body was brought to the Mufassil Police Station. On the written statement of the informant- appellant, Mufassil P.S Case No. 499 of 2016 (District East Champaran) was registered on 28.12.2016 for offences under sections 341, 342, 323, 307, 302, 504 and 34 of the Indian Penal Code.

(3.) Based on the materials available on record, cognizance of the offence was taken on 10.05.2017 and by order dated 29.11.2017 the case was committed to the Court of Sessions. By order dated 20.02.2018 charge was framed against both respondent nos. 2 and 3 under sections 307/34, 504/34, 302/34 and 341 of the Indian Penal Code. Nine witnesses were examined on behalf of the prosecution while the defence examined two witnesses in support of their case.