AGNIVESH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have been convicted under section 304 part ll/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years each. They have been further convicted under section 337 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. However, the sentences have been ordered to run concurrently.

(2.) THE prosecution case, in short, is that on 6th June, 1981 at about 8 P.M. appellants began to threw brick bats at the house and Darwaja of Jai Kishun Rai informant at the instigation of appellant Fulena Tiwary. The brick bats thrown by the appellant Agnivesh Tiwary hit the testicle of the deceased Beni Rai, younger brother of the informant which caused injury to him. He became unconscious after sustaining injury. In the morning of 7th June, 1981, the deceased was brought to Motihari for treatment and Dr. M.P. Verma on 8.6.81 at 1 P.M. treated him and told the informant to take the deceased Beni Rai to his house, as there was no chance of his survival. The deceased was while being brought to the village, in the way he died of the injuries. It has been stated that the occurrence took place because Fulena Tiwary was a rich man of the village and the members of the prosecution party were poor men but they were leading good life by dint of their labour. This caused jealousness of the accused persons and due to that they threw brick bats causing death of the deceased. Fardbeyan of the informant was recorded on 8.6.81 at Kotwa P.S. on the basis of which formal F.I.R. was drawn up. After completion of investigation charge sheet was submitted against ;the accused persons. Accordingly, cognizance was taken and case was committed to the court of sessions where the trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) P .W. 7, the informant of the case has fully supported the case of the prosecution. According to him, on 6.6.81 he was at his Darwaja, he saw the accused persons throwing brick bats towards his house and his younger brother Beni Rai sustained injury on his testicle. He has stated that Sheo Balak Rai (P.W. 3) and Bharat Rai (P.W. 9) were also assaulted by brick bats. In the next morning his brother Beni Rai was taken to Dr. M.P. Verma, Motihari for his treatment. After examining him he suggested to take him to his house as there was no chance of his survival and he was brought to his house but in the way he died. Thereafter he went to the police station with Ram Chandra Upadhya (P.W. 5) and his Fardbeyan was recorded by S.I. of police. P.Ws. 1, 2, 3, 4, 5 and 9 they all are eye witnesses of the occurrence and have supported and corroborated the version of the informant (P.W. 7).