SANICHAR RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary affidavit has been filed on behalf of learned counsel for the appellants in which it has been stated that appellant no. 1 Sanichar Rajwar died in the year 2000.

(2.) IN the aforesaid circumstances, criminal appeal against appellant no.1 Sanichar Rajwar stands abated.

(3.) THE prosecution case as disclosed from the fardbeyan of the informant P.W.1 Lalo Rajwar is that on 26.3.1983 at about 7.00 P.M. his son Binod and son of the accused Sanichar namely, Ashok were quarrelling while they were playing, thereupon he scolded them and removed from there. It has been stated that on 27.3.83 at 7 O 'clock in the evening when the informant was standing outside his house it is alleged that both the accused Sanichar Rajwar and Uma Rajwar came there and started abusing him saying that why he had scolded his son. Thereafter an altercation took place between them. It has further been stated that Sanichar Rajwar (since dead) went back to his house and came again having a farsa with him and Uma Rajwar also with Khanti and thereafter accused Sanichar assaulted the informant on his head with farsa. On hulla his wife Yasoda Devi came there, thereafter, Uma Rajwar assaulted her with Khanti on her head. Having sustained injury she fell down and became unconscious. On hearing hulla the villagers Badhan Rajwar, Babulal Rajwar and Bangali Rajwar came there and saved them from further assault. Thereafter, with the help of villagers and his brother Bangali Rajwar, Yasoda Devi and informant Lalo Rajwar in unconscious state were brought to Sirdala Hospital for their treatment. The fardbeyan of the informant Lalo Rajwar was also recorded there and on the basis of the fardbeyan a formal F.I.R. was registered and after completion of investigation charge -sheet was submitted against the appellants under Sec.307 of the Indian Penal Code. Accordingly, cognizance was taken and finally case was committed to the Court of Sessions for trial.