DEV NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted for the offence under Section 304 Part II and sentenced to undergo rigorous imprisonment for eight years by the Presiding Officer, Additional Court -II, Katihar, in Sessions Trial No.13 of 2001/Sessions Trial No.128 of 1988, by judgment dated 22.09.2001.

(2.) THE case of the prosecution as per written report of the Informant, Nawal Kishore Yadav, is that on 18.07.1986 at about 7 AM, he and his brothers Amar Nath Yadav and Jai Kishore Yadav were cleaning their cow shed. Just then accused Jagdish Yadav came and assaulted his brother Amar Nath Yadav with fists and slaps. The present Appellant assaulted his younger brother Jai Kishore Yadav with lathi. Accused Jagdish Yadav also brought lathi and assaulted Jai Kishore Yadav. The rest of the accused persons also assaulted his brother. The reason for the occurrence was title and possession over the said land. The injured was thereafter taken to Kursela Hospital from where he was referred to Purnia Sadar Hospital. At this written information, a case under Section307 Indian Penal Code was instituted and later on converted to one under Section 302 Indian Penal Code when the deceased Jai Kishore Yadav died.

(3.) DURING trial, the prosecution examined 11 witnesses. PW 1, Suresh Yadav, stated that on the date of occurrence while he was sitting at his door, his nephew came and told him that an assault was going on at which he went to the place of occurrence and saw the same. In his cross - examination, he admitted that he was a close relative of the Informant. He stated that Kursela P.S. was only one and half kilometer from his village and it took about 14 -15 minutes to reach there. They had taken the injured Jai Kishore Yadav to Kursela P.S. and the Officer -in -Charge saw the injured and told them to proceed to the hospital at which they went to Dr. Sita Ram Sah but no police Officer came there and then they proceeded for Purnia where he was put under treatment. From Purnia, he was removed to PMCH but on the way he died.