SHEO SHANKAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted u/s.304 Part II I.P.C. and whereas appellant no.1 has been sentenced to R.I. for three years, appellant no.2 has been sentenced to R.I. for two years by a judgment dated 31.7.1997 and 4.8.1997 passed by the Sessions Judge, Bhojur at Arrah in Sessions Trial No.124 of 1997.

(2.) THE case of the prosecution according to the informant Tej Pratap Singh (P.W.10) is that on 11.6.1986 when the wife of accused Sheo Shankar Sah was easing herself near the house of Ravi Nandan Singh, the cousin of the informant, which was under construction, the informant and his uncle Jogendra Singh scolded her for doing so. THE wife of accused Sheo Shankar Sah went away from there abusing them and a day later appellants along with one Deo Shankar Sah came there and assaulted Jogendra Singh. THE said Jogendra Singh came home and told his family members about the assault, at which the informant, his deceased father and Ravi Nandan Singh proceeded towards the house of accused Sheo Shankar Sah to accost them, at which the accused persons started assaulting the informant and his father with bricks, lathi and bhala. THE victim Vishwanath Singh was brought home with the help of the witnesses, but he died, at which the present case was instituted. THE appellants were charged u/s.302 I.P.C., but convicted as mentioned above. Even though eight persons were put on trial, only the present two appellants were convicted. THE defence denied the occurrence as well as the manner of occurrence and it was suggested to the prosecution that the deceased had been murdered in some other occurrence and his dead body was found in a Machan, where after the accused persons were implicated on account of previous enmity.