ARJUN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Arjun Paswan has been convicted for the offence punishable under Section 304 of the Indian Penal Code (in short the I.P.C.) by judgment dated 26.08.2016 passed by the learned 2nd Additional Sessions Judge Benipur Darbhanga in Sessions Trial No. 12 of 2014 arising out of Biraul P.S. Case No. 63 of 2013 and by order dated 31.08.2016 he has been sentenced to undergo rigorous imprisonment for ten years to pay a fine of Rs. 20 000/- and in default of payment of fine to further suffer rigorous imprisonment for six months. Half the amount of fine has been directed to be paid to the family members of the deceased.

(2.) The appellant is alleged to have killed the mother of the informant viz. Jagiya Devi.

(3.) The case of the prosecution is based on the fardbeyan statement of Sanjay Paswan (P.W. 5). He has alleged that on 08.03.2013 at about 10 O'clock in the day because of the old land dispute the appellant variously armed with weapons came to his darwaja and started abusing him. When this was protested the appellant is said to have assaulted him on his head by means of a wooden substance (samath). The informant/P.W. 5 claims to have been injured and fell down on the ground. When his mother/Jagiya Devi came to his rescue the appellant is said to have assaulted her also with the same instrument on her head as a result of which she became seriously injured. The second assault hit the mother of the informant (deceased) in her cheeks. When the mother (deceased) of the informant/P.W. 5 fell down on the ground other female accused persons assaulted her by means of bamboo sticks and lathi leading to serious injuries on her person. On hulla many persons of the neighbourhood arrived and the accused persons including the appellant ran away. With the help of the villagers the mother of the informant was taken to D.M.C.H. Darbhanga where during the course of treatment she died on 09.03.2013 at about 2:30 hours in the morning.