KANHAIYA KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants were put on trial by the learned Presiding Officer of Fast Track Court No.l, Rohtas at Sasaram by being charged under Section 302/34 IPC in Sessions Trial No.367 of 1992 and by judgment dated 22.12.2006 both the appellants were found guilty of committing offence under Section 304-part II/34 IPC. After hearing the appellants on sentence, the learned trial Judge directed each of them to suffer rigorous imprisonment for five years. The appellants have come up before this Court through the present appeal to challenge their conviction.

(2.) The fardbeyan of P.W.6 Parmeshwar Pandit is the basis of the prosecution case. It appears that the deceased Kesho Pandit who was the son of the informant was fishing in a pond in his village with P.w.3 and others when appellant Baban Kahar came there to lodge a protest by stating that he had got the settlement of the pond in his favour and as such they should not fish. There was a verbal dual between the deceased and appellant Baban Kahar. It is alleged that Baban Kahar went back to his house to call other accused persons including appellant Kanhaiya Kahar and they came and again objected to the fishing by the deceased and others. That resulted into a more heated exchange of words upon which, it is alleged, that appellant Baban Kahar caught hold of the deceased whereafter appellant Kanhaiya Kahar dealt a bamboo blow on the head of the deceased as a result of which he fell down.

(3.) The informant stated that he was informed by P.W.2 Ram Bachan Paswan about his son being assaulted and lying injured. P.W.6 rushed to the pond and shifted the deceased in an injured condition to the clinic of Dr. Indrajeet Prakash situated at Dinara where the deceased was treated and, lastly, died. The statement of P.W.6 was recorded in the clinic of Dr. Indrajeet Prakash on the basis of which the FIR was drawn up.