BAIDYA NATH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, who are three in number, have been convicted by Sri B.K. Dubey, District and Sessions Judge, Gumla in terms of the judgment, dated 19th February, 1988 in Sessions Trial No. 302 of 1986 for commission or an offence under sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life. The Appellant No.1 has further been convicted for commission of an offence under section 323 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for one month only.

(2.) The facts of the case lie in a very narrow compass. On 26.3.1986, the informant, Budhna Kumhar (P.W.3) his wife Chouthi (deceased), their son Bigan Kumhar (P.W. 1) and daughter Karmi Kumharin (P.W. 2) took their food in night and they were just to go to their bed while three appellants came to their house and began to abuse the informant. The informant and his family came out from their house and protested. Allegedly that the appellants began assaulting the informant, whereupon the deceased as also P.W. 1 and P.W. 2 intervened. Allegedly at that point of time, the appellants started assaulting the deceased as also P.W. 1 and P.W. 2. It has further been alleged that the deceased fell down and died after one hour. The First Information Report was lodged at the Chainpur Police Station in the district of Gumla on 27.3.1986 at about 9.50 a.m.

(3.) The prosecution in support of its case examined seven witnesses. P. W. 1, who is the son of the deceased, P.W. 2 has been tendered and P.W. 3 is the informant. The eye witnesses aforementioned namely, P.W. 1 and P.W. 3 supported the prosecution case as made in the First Information Report. Both the witnesses stated that all the appellants came to their house and started abusing them and when they protested, the appellants first assaulted P.W. 3 and thereafter when the deceased and P.W. 1 and P.W. 2 intervened, she was assaulted by the appellants. It has further come on records that when the deceased fell down, the appellants allegedly assaulted her by kicks and fists.