SURAJ YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the 2nd Additional Sessions Judge, Nawada on 10th August, 2000 in Sessions Trial No. 142 of 1998/15 of 1999 whereby he has convicted the appellant under Section 304 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years. The prosecution case, in brief, is that there was a fight between the two brothers i.e. Ram Swaroop Yadav (the deceased) and the appellant Suraj Yadav for the reason that the goat of Ram Swaroop Yadav had destroyed the garlic plants of Suraj Yadav. During the exchange of hot words, the appellant Suraj Yadav is said to have inflicted two lathi blows on the head of Ram Swaroop Yadav which caused his death. The occurrence was witnessed by the wife of the deceased, Manti Devi (PW-3), who is the informant of this case as well as by the daughter Chinta Devi (PW-1).

(2.) The defence on behalf of the appellant is that no such occurrence took place, rather the deceased died because of a fall from the half-built house. The said defence is based on an affidavit filed by Jitani Devi, the mother of the appellant and the deceased. The affidavit was notarized on 24.4.1998 i.e. at least three months after the occurrence, in order to prove the affidavit, two witnesses have been examined on behalf of the defence.

(3.) Altogether, five witnesses have been examined in this case on behalf of the prosecution. Dr. Manohar Lal, PW-4 has supported that there are two injuries on the head of the deceased, one on the left parietal region and the second on the right parietal region. PW-4 was questioned as to whether the injuries were possible by a fall from the wall. PW-4 has categorically stated that it is not possible that the injuries would have been caused by a fall from the wall in view of the fact that the injuries were on both sides of the head.