RISHIKESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Baxi S.R.P. Sinha learned Senior counsel for the appellant assisted by Mr. Lokesh Kumar Singh, Mr. Raghav Prasad, learned counsel for the informant and Mr. S.N. Prasad learned APP for the State.

(2.) The present appeal has been filed under Sec. 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the judgment of conviction dtd. 6/7/2013 and order of sentence dtd. 9/7/2013 passed in Sessions Trial No. 142 of 2009 in connection with Asanwa P.S. Case No. 19 of 2008 passed by learned Ad-hoc Additional District and Sessions Judge-III, Siwan whereby and where-under the appellant no.1 has been convicted for the offence under Ss. 304 part II of the Indian Penal Code (hereinafter referred as 'IPC') and sentenced to undergo rigorous imprisonment for 7 years and fine for Rs.10,000.00 and in default of payment of fine further sentenced to undergo six months imprisonment. Further, appellant no. 2 has been convicted for the offence under Ss. 304 part II read with 34 of the IPC and sentenced to undergo rigorous imprisonment for 7 years and fine for Rs.10,000.00 and in default of payment of fine further sentenced to undergo six months imprisonment.

(3.) The brief fact leading to the filing of the present appeal on the basis of the written information of the informant Hare Krishna Pandey on 10/7/2008 at about 8 PM in the night, he was taking meal inside the house. In the meantime the appellants appeared there and entered into his house, dragged him out and assaulted him by fist and slaps, stick and lathi. When the informant fell down the villagers came and intervened. It appears that the informant during the course of treatment is said to have died on 12/7/2008.