GANDRA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 304 (II) IPC and sentenced to RI for ten years by the 1st Additional Sessions Judge, Nawadah in S.Tr. No. 113/95/47/95 by a judgment dated 19.04.1996.

(2.) THE prosecution case is that on 14.02.1995 when the informant P.W. 5 went on the roof of the Sessions Office he received information from the deceased that some body was throwing bricks at which they went there to verify the matter. THE appellant who was standing on the roof gave a brick blow on the head of the deceased on account of which he fell down, while the informant fled away from there.

(3.) IN the result, the appeal is allowed and the judgment dated 19.04.1996 passed by the 1st Additional Sessions Judge, Nawadah in S.Tr. No. 113/95/47/95 is set aside. The appellant is discharged of the liability of his bail bond.