JOGENDRA MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two cases have been heard together as they arise out of the common judgment passed in S.T. No. 211/86 passed by Shri Laloo Prasad Yadav, Sessions Judge, Gopalganj. This judgment will govern both of them.

(2.) IN Criminal Appeal No. 128/91 three appellants figured as accused in the above noted sessions case in which all of them were convicted under section 324/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for three years each.

(3.) THE prosecution case, in short, is that there was a quarrel between the son of the informant and the younger son of appellant Jogendra Manjhi 2 -3 days before the alleged occurrence. On 15.10.1985 at 2. P.M. appellant Jogendra Manjhi called Baijnath Manjhi, the husband of the informant Most. Ram Sakhi Devi (petitioner in Cr. Rev. No. 275 of 1991) and both of them went to Kali Asthan in the village. The other two appellants were already present there from before. An altercafion ensued between them about the quarrel between the children of their families. There were allegations and counter allegations. At this stage all the three appellants pushed down the husband of the informant on the ground. The appellant Surendra Manjhi took out a knife with which he hit Baijnath Manjhi the husband of the informant at the buttock. The appellant Jiut Manjhi pulled his Hydrocele. Baijnath Manjhi became unconscious. On way to Baikunthpur Hospital he, however, succumbed to his injuries. The F.I.R. was lodged under section 302/34 of the Indian Penal Code. The case was committed to the court of session. The appellants were tried by the learned Sessions Judge who framed charge under section 302/34 of the Indian Penal Code against them. They were, however, convicted under section 324/34 of the Indian Penal Code as indicated above. It is against this judgment of conviction that this appeal has been filed.