BHAGWANI MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant No.1, Bhagwani Mandal has been convicted under Section 304 Part (II) of the Indian Penal Code and sentenced to R.I. for five years and appellant no.2 Sunaina Devi has been convicted under Section 323 of I.P.C. and was found of Rs. 500/- by a judgment and order dated 2.7.2003 passed by Laloo Prasad Singh, Presiding Officer, Fast Track Court, Munger in Sessions Case No.171 of 1996.

(2.) Prosecution case in short is that P.W.4 has lodged an F.I.R. stating therein inter alia that on 1.7.1994 at 5 P.M. the she-goat of the informant Ram Prakash Thathera had grazed wheat which was kept in the Angan of Bhagwani Mandal and the accused Bhagwani Mandal and his wife Sunaina Devi tied she-goat in their house where after Kumud Devi, wife of Bishundeo Thathera, who is elder brother went to the house of the accused appellants and it is alleged that all the accused Sunaina Devi and daughter Raj Kumari Devi assaulted her with fist and slaps, when Sabo Devi (P.W.5) came to save her she was also assaulted by accused persons by lathi. As per husband was not available she was not brought to hospital nor to the police station and on the following day, the informant was going along with his Bhabhi Kumud Devi and mother Sabo Devi to police station for lodging F.I.R. on a Rickshaw after arrival of his elder brother, in the way his Bhabhi Kumud Devi expired and that thereafter present case has been lodged on the basis of Lakhisarai P.S. Case No.192 of 1994 was registered and charge sheet has been submitted against appellants and one Raj Kumari Devi under Sections 341, 323 and 302/34 of I.P.C. Accordingly, cognizance was taken and case has been travelled to the file of Sri Laloo Prasad Singh, Presiding Officer, Fast Track Court, Munger for trial and disposal.

(3.) During trial, charge was framed under Section 302/34 I.P.C. against the appellants and one Raj Kumari Devi.