NIRSU DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 304 Part II IPC and sentenced to RI for five years as also under Sections 147 and 148 IPC and sentenced to RI for one year under each count by the 1st Additional Sessions Judge, Samastipur in S. Tr. No. 94/34 of 1987/89 by a judgment dated 28.08.1995.

(2.) The case of the prosecution is that when the deceased was sitting in a "Shradh" where the food was being served the accused persons who were sitting there opposed it since he had been declared a outcaste on which an altercation arose between the parties in course of which the deceased was assaulted and while he was being taken to the hospital the next day he died on way.

(3.) The prosecution in all examined eleven witnesses out of whom P.W. 1, P.W. 2 and P.W. 4 are the brothers of the informant. P.W. 7 is the informant himself. P.W. 3, P.W. 6, P.W. 9, P.W. 10 and P.W. 1 are formal in nature. P.W. 8 is the Doctor who found four injuries on the person of the deceased but one injury sustained by him on the head.