SABHA PATI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant no.4 has been convicted u/s.304 Part I I.P.C. and sentenced to R.I. for ten years, whereas the appellant nos.1, 2 and 3 have been convicted u/s.324/34 I.P.C. and sentenced to R.I. for three years by a judgment dated 29.4.1997 and 30.4.1997 passed by the 3rd Additional Sessions Judge, Saran at Chapra in Sessions Trial No.90 of 1989.

(2.) THE case of the prosecution according to the Kirit Raut (P.W.3) is that on 14.5.1984 the accused persons came to the house of Awadhesh Kumar and started abusing him, at which Awadhesh Kumar protested. THEn appellant Binod Prasad assaulted him with fists. In the meantime appellant Sabha Pati Prasad came there armed with bhala and hurled a bhala blow on the informant causing bleeding injury on his left abdomen. Appellant Binod Prasad also brought a lathi from his house and assaulted the informant on his head and left leg. In the mean while Rajendra Prasad Singh, the deceased, came to intervene, at which all the four appellants assaulted him with lathi, fists and slaps causing injury on his left temporal region. Three days later Rajendra Prasad Singh died, on account of which Section 302 I.P.C. was added to the case. THE appellants were also charged u/s.302/34, but they were acquitted of the charges and were convicted as mentioned above.

(3.) IN the result, the appeal is allowed and the order of conviction and sentence passed against the appellants on 29.4.1997 and 30.4.1997 by the 3rd Additional Sessions Judge, Saran at Chapra in Sessions Trial No.90 of 1989 is set aside. The appellants are discharged from the liabilities of their bail bonds.