LALAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 24th March, 2000 passed in Sessions Trial No. 31 of 1999/02 of 1999. Initially, the appellants were charged under Section 302 and 504 of the Indian Penal Code, but were finally convicted under Section 304/34 of the Indian Penal Code. The appellant no. 1 has been sentenced to undergo rigorous imprisonment for ten years having inflicted tangi blow on the informant and his wife, appellant no. 2, has been sentenced to undergo rigorous imprisonment for five years.

(2.) The First Information Report was instituted on the basis of the statement of the informant (deceased) on 27.11.1997 at about 10:30 AM for an occurrence which took place at 8 AM. The prosecution case is that the appellant no. 1 was fencing the road and thereby allegedly blocking it. The informant Damar Prasad Yadav stopped him from fencing the road, which led to exchange of hot words. It is alleged that Lalan Yadav first inflicted two lathis blow and thereafter inflicted a "tangi" blow on the head of the informant, as a result of which he fell down. He was taken to the Referral Hospital at Govindpur. He stated in his fardbayan that apart from his son, Ram Khelawan Yadav, Hari Yadav and Anil Yadav had seen the occurrence. The deceased was examined at Referrral Hospital, Govindpur and was referred to the Nawada Hospital, from where he was referred to P.M.C.H., Patna as his condition was serious. He died on 10.12.1997.

(3.) Altogether the prosecution has examined ten witnesses in this case. PWs 7 and 10 are the doctors, PW 6 is the Investigating Officer of this case and the other witnesses claim to be the eyewitnesses to the occurrence.