DHORAI GIRI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 1 has been convicted under Section 304 Part II and Section 148 Indian Penal Code, whereas, rest of the Appellants have been convicted under Sections 302 Part II, 147, 149 and 323 Indian Penal Code. No separate sentence was passed under Sections 323, 147 and 148 Indian Penal Code. All the Appellants except Appellant No. 2 have been sentenced to undergo rigorous imprisonment for five years, whereas, Appellant No. 2 has been sentenced to undergo rigorous imprisonment for three years in view the medical condition of the Appellant No. 2 under Section 304 part II read with Section 149 Indian Penal Code by the 1st Additional Sessions Judge, West Champaran at Bettiah, by judgment and order of conviction dated 09.05.1997 and 14.05.1997 respectively.

(2.) The case of the prosecution according to PW 11 Chitranjan Giri is that on 20.09.1992 at about 7.00 PM one Onkar Giri was assaulted by Appellant Dhorai Giri and when he arrived home Appellant Dhorai Giri again came to his house along with his associates and threatened to assault and asked for the Sarpanch and abused them. In the next morning at 6.00 AM while the informant and his father, the deceased, who happens to be the Sarpanch, were sitting at the door, all the accused persons variously armed came there and the Appellant Dhorai Giri is said to have given a Gandasa blow on the head of the father of the informant causing injury at his head whereafter rest of the accused persona assaulted him with lathi. He himself was also assaulted by the accused persons. Later on, the informant's father succumbed to his injuries on account of which Section 302 Indian Penal Code was added to the case.

(3.) Initially, the trial was held without any defence witness but when the Trial Court observed that there was counter version of the case, he made efforts to bring the same on record for the just decision of the case. It is at that stage that Ext.-A which the First Information Report of Gopalpur P.S. Case No. 70 of 1992 instituted by Appellant Dhorai Giri, Ext.-B, the charge sheet as well injury reports of the accused persons vide Ext.- C to C/4 and D and D/1 were brought on record.