BALROOP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred the appeal against the judgment and order dated 16.07.1996 passed by the learned Xth Additional Sessions Judge, Patna in Sessions Trial No.242 of 1991/242 of 1996 by which they have been convicted under Section 304 Part-II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case is based on the oral statement of Parvati Devi (P.W.4), the widow of the deceased Ram Swaroop Yadav. The alleged occurrence is said to have taken place on 06.10.1989. The informant has stated in the fardbeyan that the deceased Ram Swaroop Yadav and the appellant Balroop Yadav were full brothers. They were also residing in the same house which was partitioned between the family by raising a wall. The further case of the informant is that on 06.10.1989 at about 12 noon, the informant and co-accused Kismatia Devi, wife of the appellant Balroop Yadav were engaged in wordy duel for a piece of land situated behind their house. In the meantime, the deceased Ram Swaroop Yadav came and tried to pacify them. Immediately, thereafter, the appellants Balroop Yadav and Lallan Rai armed with lathi came at the spot. The appellant Balroop Yadav is alleged to have caught hold of Ram Swaroop Yadav and on his command the appellant Lallan Rai assaulted him with lathi all over his body. The informant further alleges that co- accused Kishmatia Devi, Meena Devi and Shushila Devi also came and brick bated upon her and the deceased Ramswaroop Yadav due to which they sustained severe injuries. The informant in her fardbeyan further states that with the help of her Samdhi, Ramanand Yadav(P.W.3) the victim Ramswaroop Yadav was taken to Phulwarisharif police station.

(3.) THE prosecution has proved signature of Ramanand Rai and Ramayan Rai as witnesses to the inquest which have been marked as Exts-1 and 1/1 respectively. The injury reports of Parvati Devi and Ramswaroop Yadav have been proved and marked as Exts-2 and 2/1 respectively. The formal FIR has been proved and marked as Ext-3. The requisitions of police sent to the medical officer, Phulwarisharif for issuance of the injury report of Ramswaroop Yadav and Parvati Devi have been proved and marked as Exts-4 and 4/1 respectively. Ext-5 is the inquest report and Ext-6 is the postmortem report of the deceased Ramswaroop Yadav.