HARI NARAYAN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (in short the "Code") is directed against the judgment dated 8.12.1992 passed by the learned 4th Additional Sessions Judge, Saran at Chapra convicting the appellants under Section 304/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for eight years each.

(2.) From the prosecution case it appears that on 22.12.1980 at about 7 a.m. the accused persons of the case were abusing the mother of the informant Ram Ashish Giri (PW 6) for cutting the Mooj Plant from their field. On hearing the hulla the informant came there and he found that the accused persons had thrown his mother down and were variously assaulting her with fists, sticks and bricks and also when his brother's wife tried to save the deceased Munna Devi they also assaulted her. While the Munna Devi was being removed to the hospital she died in the way FIR was lodged. The police after completing the investigations submitted charge-sheet under Section 302/34 of the Indian Penal Code. A charge also under Section 323 of the Indian Penal Code was framed for assaulting the wife of the brother's of the informant. The police after completing the investigation submitted the charge-sheet. The cognizance of the offence was taken and after necessary enquiry the case was committed to the Court of session. It came up before the learned Additional Judge named above who convicted the appellants under the first part of Section 304 of the Indian Penal Code and sentenced them to undergo Imprisonment for eight years each.

(3.) Before proceeding further I would like to mentioned that originally there were three accused, namely, Shesh Narayan Giri, Hari Narayan Giri and Subh Narayan Giri. Out of them Subh Narayan Giri died in the course of trial whereas the accused Hari Narayan Giri (appellant No. 1) died during the pendency of the present appeal. In this way this appeal has been contested only on behalf of the appellant No. 2, Shesh Narayan Giri.