KAILASH TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order both dated 13.7.1992 passed by Session Judge, Bhojpur at Ara in Session Trial No. 332 of 1983 convicting and sentencing the appellant to undergo RI for three years under Section 325 of the Indian Penal Code (in short as IPC) and to pay a fine of Rs. 2000/ - and in default to further undergo RI for three months. It was also ordered that the fine, if realised, will be paid to the informant as compensation.

(2.) THE prosecution case in short is that on 26.3.1983 at about 4 PM there was quarrel between the minor sons of informant Gulabchand Teli and accused Kailash Tewari while they were playing. Thereafter, Mutani Devi, aged about 80 years, mother of informant, went to the house of the accused to complaint against the behaviour of his son but the accused became angry and gave lathi blows on her right wrist and thigh for which Simari PS station diary No. 466 dated 26.3.1983 was made. After making entry the police forwarded the injured lady to Buxar hospital for treatment where she was given necessary medical aid. She was undergoing treatment for the injuries and on 22.5.1983 she died in her village home. The informant went to the Simari PS on 22.5.1983 and lodged the First Information Report. The police took up investigation and after concluding the same submitted charge -sheet against the accused -appellant. Learned ACJM, Buxar took cognizance of the offence and committed the case to the Court of Session.

(3.) IN the present case only three witnesses were examined on behalf of prosecution who are PW 1, Guput Sah, PW 2, Gulabchand and PW 3, Jainath Mishra.