LAWS(PAT)-2011-4-257

SUBHASH PASWAN Vs. STATE OF BIHAR

Decided On April 21, 2011
SUBHASH PASWAN, S/O SOHI PASWAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Appellant has been convicted under Section 325 IPC and sentenced to RI for four years and a fine of Rs. 1,000/- in default of which simple imprisonment for one year by the 2nd Additional Sessions Judge, Banka in S.Tr. No. 312 of 1993 by a judgment dated 19.08.1995.

(2.) The case of the prosecution is that on 15.07.1991 at 10.30 P.M. the Appellant and his son were fighting with each other at her door which was objected to by the husband of the informant at which the Appellant is said to have given a lathi blow on the head of the deceased whereafter the rest of the accused persons assaulted him with lathi and then fled away. The injured was taken to the hospital where he died on 19.07.1991. The First Information Report was instituted on 20.07.1991 at 10.30 A.M. i.e. almost five days later.

(3.) The prosecution in all examined eight witnesses out of whom P.W. 4 is tendered, P.W. 2 and P.W. 3 are the witnesses on the point of occurrence whereas P.W. 5 is informant of the wife of the deceased. P.W. 6 is the son of the deceased but the hearsay witness. P.W. 7 is the Doctor who conducted the postmortem and P.W. 8 is the formal witness. The Investigating Officer has not been examined.