GOPAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under section 304 Part II Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years by the 2nd Additional Sessions Judge, Purnia, in Sessions Trial No.511 of 1993/ Tr. No. 30 of 1995 by judgment dated 2nd April, 1996.

(2.) THE prosecution case is that on 03.04.1993 at about 8.00 AM, when the informant and his brother were returning from harvesting the wheat crop they saw their neighbours Ram Chandra Paswan and Narain Paswan laying foundation on the land of Jagdish Paswan. Upon which, Krishna Nath Paswan requested that a Amin be deputed for measuring the land but the same led to an altercation between the parties and then the appellant suddenly arrived there and gave iron rod blow on Bishwanath Paswan on account of which he was injured. After he was removed to the hospital he died four days later and, therefore, the case was converted to one under sections 302/149 Indian Penal Code and the appellant was also charged under the said sections but was acquitted and convicted under section 304 Part II Indian Penal Code as mentioned above.