BACHU RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 302 Part-II of the Indian Penal Code and was sentenced to undergo R.I. for six years.

(2.) THE prosecution case in short is that on 22.1.1990 at about 10 p.m. in the night the informant, Kunti Devi was sitting in her house. Her husband, Pairu Mochi was also in the house at that time. It has been stated that Sharda Kumari, daughter of the informant threw water in front of her house for which mother of the appellant, Bachu Rabidas abused the informant. THE informant came out of the house and asked the mother of Bachu Rabidas not to abuse her daughter, Sharda Kumari. It is alleged that the appellant, Bachu Rabidas abused the informant and when he protested the appellant started to assault him on his head by 'Lathi'. THE deceased, Pairu Mochi fell down and became unconscious as a result of assault on him. THEreafter, he was brought to Kawakole Hospital for treatment, where he succumbed to his injuries at about 8.20 a.m. in the morning on 23.1.1990.

(3.) FROM the evidence on record, it is apparently clear that when the deceased Pairu Mochi was sitting in his house along with his wife, Kunti Devi and his daughter went to throw water in front of his house the mother of the appellant became annoyed and abused the daughter of the deceased. When the deceased Pairu Mochi went out be was also abused by the mother of the appellant. There was altercation between the appellant and the deceased and eventually the appellant gave a Lathi blow on his head resulting in his death in the hospital.