ARJUN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Additional P.P.

(2.) Appellants Arjun Sah and Sahdeo Sah, who have been found guilty for an offence punishable under section 304 part- II/34 of the I.P.C. vide judgment dated 12.8.2002 and each one has been sentenced to undergo rigorous imprisonment for 5 years as well as has also been directed to pay Rs. 2000/- by way of compensation in terms of Section 357 of the Criminal Procedure Code vide order dated 16.8.2002 passed by 4th Additional Sessions Judge, Begusarai in Sessions Trial No. 315 of 2000, have challenged the same by preferring the instant appeal.

(3.) P.W. 8 Channia Devi had recorded her fardbeyan on 20.10.99 at about 11 A.M. before A.S.I. Sabhapati Singh of Balia P.S. at P.H.C. Balia, where her husband Yogendra Sah (since deceased) was admitted for treatment of his injuries, divulging that on the same date at about 8 A.M. while she alongwith her husband was engaged in scraping grass from her kitchen garden, her co- villager Arjun Sah, Sahdeo Sah and Ram Rati Devi came and began to abuse and also claimed the garden. On their protest, Sahdeo Sah ordered where upon Arjun Sah gave lathi blow over head of her husband on account thereof, he fell down and became unconscious. Sahdeo Sah also assaulted with lathi over his back as well as over his both hands and legs. Ram Rati Devi assaulted her (the informant) with brick on her right elbow. The motive for occurrence has been shown as to coerce them to withdraw case, already pending before the Court as well as to grab the land. Dinesh Prasad, Umesh Prasad Yadav, Rinku Kumari, Baby and Dahoo Sah were cited as eye witnesses.