MANOHAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 27.1.98 passed by the Additional Sessions Judge 1st, Barh in Sessions Trial No. 807 of 1995 arising out Mokama P.S. Case No. 263 of 1994 whereby he convicted the appellant under Section 304 of the I.P.C. and sentenced him to undergo R.I. for 10 years.

(2.) ONE Teto Devi, P.W.1, wife of Jai Ram Mahto (deceased) made statement on 18.12.1994 at 9.30 A.M. stating therein that her husband who was a mason returned on 17.12.1994 after seven days. At about 7.30 P.M. on 17.12.94 one Manohar Mahto alongwith his brother, Laxman Mahto, mother, Kalo Devi and sister, Ranju Kumari, came to his door. Manohar Mahto who was armed with Patti of cot, gave a patti blow on the head of Jai Ram Mahto, as a result of which he became unconscious. On hearing halla the people of the locality, namely, Bharo Mahto, Ram Nandan Mahto came there and took Jai Ram Mahto to Nazareth Hospital, Mokama, where in course of treatment he breathed his last on 18.12.1994.

(3.) ON the basis of the aforesaid fardbeyan, a formal F.I.R. (Ext. 7) was drawn up under Sections 304 and 321 of the I.P.C. The police after investigation submitted charge -sheet under Sections 304 and 321 of I.P.C., but charges were framed under Section 302 of the I.P.C.