AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the impugned order and judgment dated 11.2.1998, three persons namely Saryug Singh, Kishun Singh and Laxman Singh have been acquitted whereas the appellant Ajay Kumar has been convicted under Section 304 I.P.C. to undergo rigorous imprisonment for 10 years. There is relationship between the appellant, the acquitted accused and the informant in this case. Saryug Singh and Baidyanath Singh are brothers. The informant, Rajesh Kumar (P.W.4) is the son of Baidyanath Singh (P.W. 3) the accused persons i.e. appellant Ajay Singh, Laxman Singh and Kishun Singh are the sons of Saryug Singh.

(2.) According to the First Information Report, the occurrence took place on 4.8.1991. Rajesh Kumar threw water of the 'Naad' on the land of Saryug Singh. The appellant objected to it which led to a dispute between the appellant and the informant and the appellant is said to have assaulted the informant with fists and slaps. In the meantime, the other co-accused persons came to the place of occurrence armed with 'Lathi' and Rao and it is said that Bedami Devi, mother of the informant intervened in the matter and all the accused persons are said to have assaulted her by 'Lathi' and Rod. Bedami Devi was taken to the hospital and she succumbed to the injuries after four days of the occurrence.

(3.) Altogether seven witnesses have been examined in this case. P.Ws. 1, 2, 3 and 4 are the eye witnesses and P.W.5 is the doctor who has examined injuries on the person of the informant and P.W.6 is the doctor who conducted the post mortem on the deceased. P.W.7 is the Investigating Officer of this case.