SULTAN DHUNIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant No. 5 has been convicted under Section 304 IPC and sentenced to RI for eight years whereas the rest of the Appellants have been convicted under Section 323 IPC and sentenced to RI for one year by the 1st Additional Sessions Judge, Begusarai in S.Tr. No. 79/84/49/91 by a judgment dated 13.05.1994.

(2.) THE prosecution case is that on 13.08.1974 on a minor matter accused persons variously assaulted the deceased on account of which he died later.

(3.) THE defence examined one witness on the point of sanha having been lodged by Ram Balak Paswan giving a different version. No independent witness has supported the factum of occurrence and material eye -witnesses are close relatives of the deceased.