PRAMOD PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 304 Part II/34 I.P.C. and 448 I.P.C. and sentenced to R.I. for seven years and three months respectively by a judgment dated 15.2.1999 and 16.2.1999 passed by the Additional Sessions Judge IV, Munger in Sessions case No.10 of 1997.

(2.) THE case of the Informant Manoj Kumari (P.W.1) is that on 12.4.1996 at about 9 P.M. when her father -in -law Nageshwar Mahto was sleeping on the roof, her agnates i.e. the present Appellants started to abuse her father -in -law. He protested at their abuse, at which the Appellants threw pieces of bricks upon him from their terrace, on account of which he sustained injuries on his head and fell down and became unconscious and later died. Charge sheet was submitted under Section 302/34 I.P.C. and the Appellants were put on trial for the said offence but acquitted of the said charges and instead sentenced as mentioned above.

(3.) P .W.2 Krishna Mahto is a neighbour, who reached the place of occurrence and saw the deceased in an injured condition. The Informant and her family members told him that he had been injured by the present Appellants. P.W.3 Dilip Kumar is the son of the deceased, who repeated the manner of occurrence as narrated by the Informant P.W.1. He stated that apart from injury on the head the deceased had not sustained any other brick bat injury.