DUKHA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 31st July, 2004 passed in Sessions Trial No. 38 of 1996/115 of 2001 by Sri Nirmalesh Chandra Lal, (Ad -hoc Sessions Judge), Presiding Officer, Additional Court No. 2, Patna, whereby and where - under the sole appellant has been convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in short, is that on 31.5.1991, the informant Biswanath Sao, who is the father of the deceased Om Prakash Sao, was given information by one Ganauri Mochi that his son has been assaulted by accused -appellant Dukha Sao with a lathi and he is lying in a serious condition. The informant reached at the place of occurrence and thereafter took Om Prakash Sao for treatment. He was referred to Patna Medical College Hospital, where he died. The cause of occurrence, as disclosed in the first information report, is 'family dispute '.

(3.) THE defence case, on the other hand, is that Om Prakash Sao was having an affair with his elder brother 'swife, namely, Krishna Sao and all of them often quarrelled and on the date of occurrence there was difference between them and Om Prakash Sao is said to have taken out bricks from the piles of bricks which led disturbance in configuration of the brick wall and it is said that bricks fell on him, as a result of which, he got injuries on his head and other parts of the body.