KITAR SHARMA Vs. STATE

JUDGEMENT

(1.) The Appellants have been convicted under Section 304(II) read with 34 IPC and sentenced to RI for seven years as also the Appellant No. 1 has been convicted under Section 147 IPC and the rest under Section 148 IPC and they are sentenced to one year and two years respectively by a judgment dated 26.05.1995 passed by the 1st Additional Sessions Judge, Munger in Sessions Case No. 238 of 1988.

(2.) The case of the prosecution according to P.W. 8 is that when the deceased Ramdeni Singh was returning to his house the accused persons variously armed assaulted him at three different places and subsequently the said Ramdeni Singh died.

(3.) The Appellants were charged under Section 302/34 IPC but acquitted of the charges and sentenced as mentioned above. Since the Court was of the view that apart from one grievous injury the rest of the injuries sustained by the deceased were simple in nature and in the facts of the case the intention of Appellants was not to cause death.