LAWS(PAT)-2013-9-47

SHYAM BIHARI SINGH Vs. STATE OF BIHAR

Decided On September 26, 2013
SHYAM BIHARI SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Additional Public Prosecutor.

(2.) PETITIONER , Shyam Bihari Singh who has been found guility for an offence punishable under Section 279, 304(A) of the Indian Penal Code and further directed to undergo imprisonment for three months under Section 279 as well as sentenceD to undergo R.I. for a year under Section 304(A) of the Indian Penal Code vide judgment dated 12.01.1998 passed by S.D.J.M., Sasaram in G.R. Case No.570 of 1987 as well as the judgment dated 30.08.2010 passed by IVth Additional Sessions Judge, Rohtas at Sasaram in Cr. Appeal No.8 of 1998 / 11 of 2010 while confirming the judgment of conviction and sentence challenge the same under instant petition.

(3.) THE death of Sunita Devi could not be controverted even after having examination of only two PWs Ayodhya Sao, the father of Sunita Devi and Ram Bachan Sah the grand father of Sunita. Sunita was crushed. Bus stranded on account thereof and from the cross examination, it is evident that, that part of story has not been shacked.