DINA NATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 22.3.1994/ 25.3.1994 passed by the Sessions Judge, West Champaran at Bettiah in S.T. No. 174/90, whereby the appellants have been convicted for the offence under Sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) PURAN Sao the injured himself gave his fardbeyan on 15.5.1988 at about 11.45 a.m. in Bagaha Hospital that at about 9.45 a.m. he was fixing 'Tanti ' adjacent south of his house. Appellant Dina Nath Yadav with Garasi and Prabhu Yadav with lathi came. Dina Nath Yadav gave a Garasi blow on his head and Prabhu Yadav gave 3 -4 lathi blows on his person. He fell down and raised alarm on which his son Jai Prakash Sao, his wife Santosh Devi and villagers Raghunath Yadav, Paras Yadav and many others came and saw the occurrence. The appellants after committing assault ran away. His family members took him to Bagaha Hospital for treatment. The motive of the occurrence was previous enmity and litigation in the Court.

(3.) THE defence of the appellants was that they were innocent and were falsely implicated in the case out of previous enmity. They had not committed any offence.