DEEP NARAYAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD

(2.) THE Appellant No. 1 has been convicted under Section 304 Part I/34 and 147 of the Indian Penal Code and sentenced to a period of seven years rigorous imprisonment whereas the Appellants No. 2, 3 and 4 have been convicted under Section 304 Part - I/34 of the Indian Penal Code and sentenced to rigorous imprisonment for five years. Further the Appellant Nos. 2 and 3 have been convicted under Section 325 of the Indian Penal Code and sentenced to rigorous imprisonment for five years. They have been convicted along with Appellant Nos. 5 and 6 under Section 147 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. Appellant No. 7 and Appellant No. 8 have been convicted under Section 324 and 148 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and two years respectively whereas Appellants No. 5 and 6 have been convicted under Section 323 and 147 of the Indian Penal Code and sentenced to rigorous imprisonment for one year under each count by a Judgment dated 14.9.1995 by the 1st Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 123 of 1992/245 of 1995.

(3.) THE prosecution case is that the accused persons abused the wife of the Informant over a minor matter and thereafter proceeded to assault her and three injured. On way to the Hospital the wife of the Informant succumbed to her injuries. The Appellants were charged under Sections 302/149, 307 Indian Penal Code and other allied sections but they were acquitted of the charges under Section 302/146 and 307 Indian Penal Code and convicted as mentioned above.