MANAGER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have been convicted u/s. 325/149 I.P.C and sentenced to R.I. for five months and have also been convicted u/s.147 I.P.C. and sentenced to three months R.I. as also appellant no.4 has been convicted u/s.325/109 I.P.C. and sentenced to one and half years by a judgment dated 7.10.1994 passed by the 2nd Additional Sessions Judge, Bettiah in Sessions Trial No.483 of 1993. The appellants in addition have been directed to pay a sum of Rs.4000/- each to the wife of the deceased or the next surviving as compensation u/s.357 Cr.P.C. and in default of which further sentenced to three months R.I. The prosecution case is that on the date of occurrence, the deceased was waylaid by the accused persons and variously assaulted with iron rods, on account of which he was removed to the Hospital but died later. Initially the appellants were charged u/ss.147 and 302/149 I.P.C. as also u/s.302 I.P.C., but they were acquitted of the charges and convicted as mentioned above. During trial, the prosecution has examined seven witnesses in all. Out of whom, P.W.1 and P.W.5 are eye witnesses, whereas the P.W.2 is a part eye-witness and P.W.3 is on the point of dying declaration having been made by the deceased, her husband. P.W.4 is the doctor, who held the postmortem examination and P.W.6 and P.W.7 are the Investigating Officers. The defence on its behalf examined one witness on the point of relationship of the accused persons with some other persons, who have been earlier accused in a murder case. They also brought a number of documents in support of that earlier case to show that they had enmity and there was a possibility of false implication.

(2.) ON going through the evidence of the eye witnesses, I find that all of them have been consistent on the point of assault by the appellants with iron rods and it is completely corroborated by the doctors evidence, who found such injuries on the person of the deceased resulting in his death. Moreover the corroborative witnesses, who came after the occurrence, also saw the appellants fleeing away from the place of occurrence and the wife of the informant supported the factum of the oral dying declaration before the police in which the deceased had alleged specifically the role of each of the accused in assault upon him. Under the circumstances, I am not inclined to interfere in the conviction.