RAMASHANKAR LOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The six appellants before this Court have been found and held guilty by the 2nd Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 447 of 1992/49 of 1996 to undergo rigorous imprisonment for four months under Section 304 Part-ll of the Indian Penal Code and rigorous imprisonment for three months under Section 323 of the Indian Penal Code and also to pay a fine of Rs. 10,000/- each under Section 304 Part-ll of the Indian Penal Code.

(2.) The prosecution case instituted by Maulvi Lohar, the brother of the deceased Marahu Lohar is that the appellants were utilizing the mud from the house of the informant to strengthen their wall and the deceased objected, which led to exchange of hot words. Ultimately, Bachan Lohar and Bhullan Lohar assaulted the deceased Marahu Lohar with a garasa. It is further alleged that the appellants assaulted him with lathies. The deceased received several injuries, as a result of which he died after seven days of the occurrence.

(3.) During the trial, 10 witnesses have been examined on behalf of the prosecution. PWs 1, 3 and 4 claim to be the eye-witnesses to the occurrence. PWs 8 and 9 are the doctor and the Investigating Officer. PWs 2 and 10 are the formal witnesses whereas others witnesses are not eye-witnesses in this case.