FULENA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant was convicted and sentenced to under -go rigorous imprisonment for five years under Section 304(2) read with Section 34 of the Indian Penal Code (hereinafter to be referred to as the Code) vide the judgment and order dated 19.7.1990 passed by the IIIrd Additional Sesions Judge, Begusarai in Sessions Trial No. 191 of 1982.

(2.) THE prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses lay within a narrow compass. The deceased Madho Rai was at about 8 a.m. on 9.6.1979 plucking bamboo leaves infront of his BASA situated at village Jagdishpur under the jurisdiction of Bhagwanpur police Station of Begusarai District. The leaves of bamboo were being plucked for their use as fodder. Just then the appellant Fulena Rai and his father Lal Babu Rai (since dead) having armed themselves with spear and farsa respectively went there. They surrounded and assaulted the deceased with the weapons they were having in their hands. The deceased sustained injuries on head and other parts of his body. Hearing hue and cry the witnesses arrived at the scene of incident and they witnessed infliction of assault. After assaulting the deceased, both the appellant and his father Lal Babu Rai retreated. The deceased after sustaining injuries fell down and became unconscious.

(3.) THE deceased was taken to Dabia Hospital where the fardbeyan of the informant Ram Bhajan Rai (PW 5). cousin of the deceased was recorded by the Officer -in -Charge of Bhagwanpur Police Station on the basis of which Bhagwanpur P.S. Case No. 3 dated 9.6.1979 giving rise to the instant case was registered under Section 324 and 342 of the Code against the appellant and his father Lal Babu Rai. A few days later Sections 307 and 325 of the Code were added vide order dated 5.7.1979. Investigation was taken up and after completion thereof the charge -sheet was submitted under Section 302 read with Section 34 of the Code against both the appellant and his father Lal Babu Rai and finally the trial commenced after commitment as the deceased succumbed to injury in course of treatment.