CHATISH MANDAL, SON OF LATE SOHAN LAL MANDAL, SANJAY KR MANDAL, SON OF CHATISH MANDAL AND MRITUNJAY KUMAR MANDAL, SON OF CHATISH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 304/34 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of two years by the Additional Sessions Judge-II, Katihar, in Sessions Case No. 257 of 1995 by a judgment dated 11.9.1996.

(2.) The case of the prosecution according to the Informant Sunil Mandal (PW-5) is that he had gone to work as a labourer while his mother, PW-4, Indra Mosmat and deceased Gena Devi were present in the house and when he returned at about 4.00 P.M., the mother informed him that the Appellants who were neighbors had come to their house and had started abusing the wife of the Informant Gena Devi, deceased. It was further alleged that when the deceased Gena Devi forbade them for doing so, they assaulted them with fists and slaps and also lathi on account of which she fell down. She was carrying pregnancy of eight months and when later she developed pain, she was taken to the Hospital where the Doctor gave her four injection on account of which she gave birth to a child at about 11.00 P.M. on the same day, both of whom died subsequently.

(3.) The prosecution in all examined eight witnesses out of whom PW-8 R.C. Karunamaya is the Doctor who held the post mortem examination of the deceased, stated, that he had found some bruises on the left side of the face and an abrasion near the umbilicus. PW-3, Domu Mandal, PW-6, Naresh Mandal and PW-7 Gujia Mandal have been tendered by the prosecution and in his cross-examination, he stated that he did not know anything about the occurrence.