SURESH THAKUR AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants were found guilty of offence punishable under Sections 302/34 of Indian Penal Code (IPC) and having been sentenced to imprisonment for life by the Additional Sessions Judge I, Madhubani by judgment of conviction and order of sentence dated 05.08.1992 and 07.08.1992 respectively in Sessions Trial No 23 of 1984/31 of 1988 have filed this appeal. It may be noted that another person Bahru Thakur was also tried but he has been found guilty of offence punishable under Sec. 323 of Penal Code and has been left with mere admonition. The appellants have been further directed to pay a fine of Rs. 1,000.00 each, on failure whereof, six months further rigorous imprisonment.

(2.) When the appeal was called out, no one appeared for the appellants to press the appeal. We, accordingly, requested Shri Neeraj Kumar @ Sanidh to assist the Court amicus curiae. We have heard the learned amicus curiae and the learned APP Shri Ajay Mishra and perused the records.

(3.) The prosecution case is based upon a Fardbayan recorded by one Tara Devi (PW 6) which was recorded by Sub Inspector of Police Ram Lakhan Singh (PW 7) on 16.09.1983 at 5 pm at Village - Sighariya wherein, inter alia, it was alleged that at about 7 in the morning, informant's husband had climbed a palm tree for breaking leaves for burning. The accused persons started abusing and beating. When the informant and her sons Mahendra Mahto and Ramchandra Mahto (deceased) tried to intervene, they were all beaten. First her husband was beaten by fists, slaps, bricks and then her young son Ramchandra Mahto (deceased) was also beaten by fists, slaps, kicks, bricks as a consequence whereof all of them were grievously injured. Upon this information, a formal first information report (FIR) was registered. It appears that Ramchandra Mahto, the son of the informant was then admitted to Government Hospital for treatment where on the next day that is 17.09.1983, in the morning, he died allegedly in course of treatment. The inquest was prepared and body was sent for post mortem and the case was then converted into one under Sec. 302 of IPC. After investigation, the five accused persons were charge-sheeted. They pleaded not guilty. They were charged and after trial, four have been convicted as noted above and the fifth Bahru Thakur has been left after due admonition.