NAGA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Naga Rai @ Nago Rai has been found guilty for an offence punishable under Section 304 Part-II/34 of the I.P.C. and sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.10,000/- and in default thereof, to undergo S.I. for one year vide judgment of conviction dated 26.11.2014 and order of sentence dated 29.12.2014 passed by the 9th Additional Sessions Judge, Muzaffarpur in Sessions Trial No.13 of 2012.

(2.) Son of deceased, namely Dilip Rai (PW-7), gave his fard-bayan at D.M.C.H., Darbhanga on 21.07.2011 at about 11.30 A.M. where deceased, his father Ramprit Rai was taken for treatment on account of injury having inflicted by the appellant and for that, it has been alleged by the informant that on 20.07.2011 at about 4.00 p.m. Nago Rai was assaulting his cousin aunt Lalo Devi. At that very moment, his father Ramprit Rai intervened and scolded Nago Rai why he was assaulting over which, an altercation took place and during course thereof, Nago Rai ordered his wife Sushila Devi, daughter Bibha Kumari, son Vikas Kumar to assault. Then thereafter, Nago Rai armed with Hansuli (Katta), Sushila Devi, daughter Bibha and son Vikas armed with lathi attacked upon his father during course thereof, Nago Rai gave Hansuli blow over right hand of his father causing severe cut injury as a result of which, he fell down. Subsequently thereof, others had assaulted with lathi and danda. Blood oozen out from the injury as a result of which, condition of his father deteriorated. He was lifted to D.M.C.H., Darbhanga where, during course of treatment, he died.

(3.) On the basis of the aforesaid fard-bayan, Ghaighat P. S. Case No.188 of 2011 was registered followed with an investigation. Because of the fact that appellant was apprehended on account thereof, chargesheet was submitted against him keeping the investigation pending against remaining accused persons which happens to be the basis for trial which ultimately culminated adverse to the interest of the appellant having been challenged under the present appeal.