MD IZHAR @ CHATTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 304 of the Indian Penal Code and sentenced to rigorous imprisonment for ten years by the 2nd Additional Sesions Judge, Muzaffarpur, in Sessions Trial No. 1 of 1995 by a judgment dated 8.5.1997.

(2.) The case of the prosecution according to Md. Sakid (P.W.-8) is that on 9.1.1994 when Md. Izhar was quarrelling with his mother in an inebriated condition and beating her, the son of the Informant Md. Sahadat Hussain tried to pacify him. Md. Izhar being further angered, assaulted him with Chhura on account of which he sustained serious injury on his head and later died.

(3.) During trial, the prosecution examined eleven witnesses out of whom PW-11 and 12 have been declared hostile whereas PW-10 and PW-11 are formal witnesses. PW-8 is the Informant and PW-9 is the Doctor. PW-3, PW-5, PW-6 and PW-7 have given an eye witness account of the occurrence.