MAGAN RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) MANGAN Rabidas, resident of village Maliachak, district Godda, the appellant, stands convicted under Section 304 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for 10 years. He has also been sentenced to undergo rigorous imprisonment for two years under Section 354 of the Code, and rigorous imprisonment for one year under Section 323 of the Code. His sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail.

(2.) MAHENDRA Rabidas, the deceased, was the husband of Champa Devi P.W. Parmod Rabidas, P.W. is their son. Their house in village Maliachak is close to that of the appellant. The house of Rajendra Rabidas (P.W. 3), Auladi Ansari (P.W. 4), Seikh Bashir (P.W. 5) and Md. Ibrahim (P.W. 8) are also nearby.

(3.) THE prosecution version further proceeds that Champa Devi, P.W. and other had brought Mahendra Rabidas to Mahgama police station, situate at a distance of 14 K.M. where she had lodged her F.I.R. (Ext. 2) on 1.9.1987 at 1 P.M.. Unfortunately Mahendra Rabidas had died after a couple of days of the occurrence. Investigations were carried, and after completion of the same, the appellant chargesheeted.