FAGUNI SAHNI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellants were placed on trial in Sessions Trial No.159 of 1979 by the learned 3rd Additional Sessions Judge, Motihari after indicting them with commission of offence under Section 302/34 IPC and by the judgment dated 08th April, 1992 they were held guilty of committing the said offence. The appellants were heard on sentence on 10.04.1992 and each of them was directed to suffer rigorous imprisonment for life. The appellants have preferred the present appeal to question the correctness and propriety of the judgment of conviction and order of sentence.

(2.) The incident had occurred in the night intervening 11- 12th of August, 1978. The prosecution story was that informant Sita Devi along with her deceased husband, namely, Gopal Bhagat was sleeping in her house. Gopal Bhagat felt an urge to urinate and came out of the house. The informant stated that she heard some cries and when came out to find that her husband was being beaten up by lathi by the accused persons as a result of which he had fallen down. The deceased was bearing bleeding injuries.

(3.) The deceased was shifted to Malahi Primary Health Centre where P.W.7 Dr. Babban Bihari Prasad was posted as Medical Officer Incharge and he did neither admit the deceased nor given any treatment to him and referred him to Sadar Hospital, Motihari. Accordingly, the deceased was brought to Motihari where he died.