SUDAMA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted Under Section 304 Part II I.P.C. and sentenced to R.I. for seven years by a judgment dated 12.8.1997 passed by the 3rd Additional Sessions Judge, Siwan in Sessions Trial No. 325 of 1995.

(2.) The case of the prosecution according to the informant is that on 3.4.1994 at about 4 P.M. the accused Dil Kumar, Sobha Devi and Sarswati Devi started abusing the deceased, at which she protested. She was then assaulted by means of fists and slaps. When her husband intervened he was also assaulted by the accused persons with fists and legs as well. In the course of this occurrence, the Appellant is said to have given a brick blow on the head of the deceased, on account of which he died. The motive of the occurrence was that the husband of the deceased had sold some land of his shares to co-villager, which was not liked by the accused persons, who were close relatives. The Appellant along with four others was charged Under Section 302/34 I.P.C. but the rest of the accused persons were acquitted whereas the Appellant was solely convicted for the offence punishable Under Section 304 Part II I.P.C.

(3.) During trial the prosecution has examined eight witnesses. Out of whom, P.W.2 Ram Chandra Mishra, P.W.4 Rambari Tiwary and P.W.5 Hridaya Tiwary have not supported the prosecution case and were declared hostile. P.W.3 Suresh Nath Tiwary and P.W.6 Surendra Nath Mishra were tendered for cross examination. P.W.7 Dr. Uma Shankar Pandey held the postmortem on the dead body of Manorma Devi and proved the postmortem examination report Exhibit-2. P.W.8 is Lalbihari Ram, who recorded the fard beyan of Manorma Devi, the deceased. P.W.1 Bidya Sagar Pandey is the Judicial Magistrate, who recorded the confessional statement of accused Parmatma Mishra. None of the witnesses supported the prosecution case.