KAMA PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellants Kama Paswan, Buchul Paswan and Rahul Paswan have been found guilty for an offence punishable under Sec. 304(i) of Indian Penal Code and each one has been sentenced to undergo rigorous imprisonment for 07 years as well as to pay fine of Rs. 7,000.00 each and in default of payment of fine, to undergo rigorous imprisonment for a period of one year, additionally and in case, the fine is deposited, half of the fine should be paid to the widow of the deceased by the learned Adhoc Addl. Sessions Judge-IV, Aurangabad in Sessions Trial no. 212 of 2007/15 of 2010 vide judgment of conviction dated 12.02.2015 and order of sentence dated 18.02.2015/19.02.2015.

(2.) PW3 Bhola Bhagat had recorded his fardbeyan on 03.08.2006 at about 4.15 am before A.S.I. at Government hospital, Daudnagar disclosing therein that on 008.2006 at evening hours while he along with his brother Deonandan Bhagat (deceased), neighbour Madan Bhagat, brother-in-law Manoj Malakar were doing fishing over a channel lying south of his village, at about 8 pm, his co-villagers Kama Paswan, Rahul Paswan, Buchwa Paswan-Baldan Devraj Paswan, Doya Paswan, Chandradeo Paswan came and took away 'gendra' of Devnandan Paswan whereupon, they began to drink. The aforesaid activity was resisted by Devnandan, as a result of which, they became annoyed and began to assault Devnandan Paswan with bamboo. He along with Madan Malakar intervened and during course thereof, he along with Madan were also assaulted. During midst thereof, Rahul Paswan took out pasuli and attacked upon him whereupon he rushed therefrom. On the other hand, they have brutally assaulted Deonandan Paswan, as a result of which, he became severely injured. Subsequently thereof, with the assistance of local people, lifted Deonandan to hospital where, during course of treatment, died.

(3.) On the basis of the aforesaid fardbeyan, Daudnagar PS case no. 121 of 2006 was registered whereupon, investigation commenced and concluded by way of submission of charge-sheet against all the accused whereupon, cognizance was taken and as the offences being exclusively triable by the Court of Sessions on account thereof, the case was committed whereupon, the trial commenced and concluded in a manner acquitting the others while convicting the appellants, the subject matter of the instant appeal.