RAJENDRA LOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted u/s. 304 (first part)I I.P.C. and sentenced to R.I. for ten years and in addition appellants of Criminal Appeal No.383 of 1994 have also been convicted u/s.323 I.P.C. and sentenced to R.I. for one year by a judgment dated 29.11.1994 passed by the Additional Sessions Judge II, Buxar in Sessions Trial No.868 of 1989. The prosecution case is that 22.3.1989 suddenly an altercation arose between the parties when the deceased attempted to put colour on appellant Rajendra Lohar and the deceased was variously assaulted with fists and slaps, on account of which he later died.

(2.) DURING trial, the prosecution has examined seven witnesses in all. Out of whom, P.W.1 is the informant, whereas P.W.2 and P.W.3 are corroborative witnesses. P.W.4 is the doctor, who held postmortem examination, whereas P.W.5 has been declared hostile and P.W.7 is the Investigating Officer. P.W.6 is the Inquest witness.