CHANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is preferred challenging the Judgment and Order of conviction dtd. 28/9/2021 alongwith orders of sentence dtd. 4/10/2021 as passed in Sessions Trial No. 468 of 2018/C.I.S. No. 468 of 2018, arising out of Amdabad P.S. Case No. 39 of 2018 dtd. 7/3/2018, which was lodged for offence as alleged under Ss. 341, 323, 504 and 307/34 of the Indian Penal Code ( in short I.P.C.), initially, where after the death of injured, Sec. 302/34 of the I.P.C. was added, as passed by Sri Vijay Kumar Pandey, learned Additional District and Sessions Judge-III, Katihar, whereby and whereunder the appellant/convict has been convicted under Ss. 341, 323, 504 and 302 of the I.P.C. and has sentenced separately as to undergo rigorous imprisonment for 15 days with a fine of Rs.500.00and in default of payment of fine for further simple imprisonment for 4 days for the offence under Sec. 341 of the I.P.C., rigorous imprisonment for 01 year with a fine of Rs.500.00where in default of payment of fine further undergo to simple imprisonment for 08 days for the offence under Sec. 323 of the I.P.C., rigorous imprisonment for 01 year with a fine of Rs.500.00wherein default of payment of fine ordered to undergo simple imprisonment for 07 days for the offence under Sec. 504 of the I.P.C. and finally rigorous imprisonment for life with a fine of Rs.500.00where in default of payment of fine further ordered to undergo for a simple imprisonment of 02 months 15 days for the offence under Sec. 302 of the I.P.C. It is further ordered that all the above sentences shall run concurrently.

(2.) Brief case of prosecution as per written complaint of informant, namely, Batoran Choudhary (P.W.4) that on 2/3/2018, while his brother (deceased) was returning from the sister's house of Sonu Kumar (P.W.1) located at Ghisu Tola Chama along with Sonu Kumar (P.W.1) and Dipak Mandal (P.W.2) at about 5:30 p.m. and as they arrived near to a bridge, after crossing the damaged bridge met with Chandan Yadav (appellant/convict) Age-35 years S/o Bharat Yadav R/o Chauck Chaura, P.S. Amdabad, Dist-Katihar and other unknown persons, who started to assault them without having any reason. It is stated that on protest to said abuse, Chandan Yadav (appellant/convict) started to assault brother of informant Kanahaiya Choudhary (since deceased), Sonu Kumar (P.W.1) and Dipak Mandal (P.W.2) by means of fight and fist and further thrown the brother of informant Kanahaiya Choudhary from RCC bridge, by saying that "today he will finished him". Consequent of throwing from the bridge brother of informant received injury in his chest and head whereas in the said occurrence, injuries was also caused to Sonu Kumar (P.W.1) and Dipak Mandal (P.W.2), developing bodily pain. It is further stated thereof that all co-accused persons along with appellant/convict run-away thereafter from the place of occurrence, whereafter Sonu Kumar (P.W.1) and Dipak Mandal (P.W.2) brought the injured brother of informant, Kanahaiya Choudhary to Primary Health Centre (PHC) Amdabad, where after giving first aid, he was referred to Sadar Hospital, Katihar, then to Katihar Medical College and finally taken to Siliguri for better treatment, where he was under treatment, struggling for his life at the time of lodging FIR. It is also stated thereof that Dipak Mandal (P.W.2) complaining pain in his leg and unable to move. Cause for lodging delayed FIR was explained in FIR itself, as informant was busy with treatment of his injured brother.

(3.) On the basis of aforesaid written FIR/fardbeyan of informant, namely, Batoran Choudhary (P.W.4), a case was registered against accused persons including appellant/convict at Amdabad Police Station, which was initially registered as Amdabad P.S. Case No. 39 of 2018 dtd. 7/3/2018 under Sec. 341, 323, 504 and 307/34 of the I.P.C., where after investigation of this case, charge-sheet was submitted u/s, 341, 323, 504, 307 and 302/34 of the I.P.C., as injured brother of informant (P.W.4), namely, Kanhaiya Choudhary, died during course of treatment.