PASHUPATI NATH JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) " Cr. Appeal (DB) No. 635 of 2014 wherein Bikram Jha happens to be the appellant while Cr. Appeal (DB) No. 726 of 2014 wherein Pashupati Nath Jha alias Sona Babu happens to be the appellant commonly originate against the judgment of conviction dated 24-6-2014 and sentence dated 25-6-2014 passed by Additional Sessions Judge, 2nd Madhubani in Sessions Trial No. 57 of 2012/78 of arising out of Pandaul P.S. Case No. 130 of 2011 convicting both the appellants named above for an offence punishable under Sections 323, 302/149 of the IPC and directed each of them to undergo R.I. for life as well as fine of Rs. 10,000/- in default thereof, to undergo S.I. for three months as well as R.I. for one year under each head respectively.

(2.) Informant, Satya Narayan Thakur (P.W. 3) gave his fardbeyan on 18-5-2011 before ASI of Beta O.P., Darbhanga after death of his father Mahendra Sharma who was undergoing treatment on account of injuries sustained by him at DMCH which was inflicted on 7-5-2011 and for which the narration goes as follows.

(3.) On 7-5-2011 at about 6.00 a.m. he came over road adjacent to his Darwaja and found accumulation of rain water. In order to drain out, while he was making the drain, his neighbour Pashupati, Deoti, Gautam, Baidhnath, Vikram, Sabitri came and begain to abuse. On his protest, they began to assault over which he raised alarm attracting his father who was assaulted with lathi by Pashupati over his head causing injury thereupon. Blood oozen out therefrom. Subsequent assault was made over stomach by Pashupati. His father fell down and then thereafter was taken to Madhubani Hospital from where he was referred to DMCH and during course of treatment he died.