(1.) THE appellant has been convicted under Section 304 Part II IPC and sentenced to RI for ten years by a judgment dated 18.01.1995 passed by the 6th Additional Sessions Judge, Siwan in S.Tr. No. 269 of 1993.
(2.) THE case of the prosecution is that on 16.08.1992 while the villagers were watching a video show the electricity was disconnected on account of which the accused persons came out from their house and began to abuse to which the informant's brother Krishna Ram protested at which the appellant is said to have given single "Chhura" blow on the stomach of the deceased who later died. The charge -sheet was submitted under Section 302/34 IPC and the appellant and others were also charged under Section 302/34 IPC but convicted as noted above.
(3.) THE prosecution in all examined eight witnesses out of whom P.W 1, P.W. 2, P.W. 3, P.W. 7 and P.W. 8 are formal witnesses whereas P.W. 4 is the informant and P.W. 6 is the Doctor who held the post -mortem examination. P.W. 5 is the full brother of the deceased and even though he deposed on the manner of occurrence as an eye witness he was disbelieved by the Trial Court.