SAHDEO PRASAD SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the two appellants is preferred against the judgment and order dated 15-1-1987 passed by Additional District and Sessions Judge, VI, Munger convicting and sentencing the appellants to undergo imprisonment for life under S. 304 of the Indian Penal Code.

(2.) The prosecution case in short is that on 4-10-81 at 9 p.m. Madan Prasad, who was also one of the accused persons and faced trial along with appellants but has been acquitted, came to the house of informant Shiv Shankar Prasad (P.W. 5), situate at Mohalla Dalmati Naya Bazar, Lakhisarai, P. S. Lakhisarai, District Munger, caught hold of the collar of the shirt of the informant and started dragging him out of his house. When the informant inquired from Madan Prasad the reason of his dragging Madan Prasad told him that he would tell it outside the house. The informant was brought by dragging to the 'darwaja' of his house where his father was sitting and in the meantime, the two appellants also came there and they along with Madan Prasad started assaulting the informant and his father. The mother of the informant also came there. It is further alleged that appellants and Madan Prasad threw the father of the informant on ground and started assaulting him with brick and stones causing injuries on his head and chest as the result of which father of the informant became unconscious. The witness Dev Nandan Prasad (P.W. 6) reached there and saw the occurrence and he was also assaulted by Madan Prasad. In the meantime, villagers Om Prakash, Ramdeo Sao, Upendra Sao, Achhebar Sao, Parmeshwar Sao, Mathura Sao etc. came there and thereafter the appellants and Madan Prasad fled away. Father of the informant was immediately taken to Lakhisarai Hospital but he died. The Fardbeyan of informant was recorded at Lakhisarai Hospital on 4-10-81 at 11-30 p.m. and the police after investigation submitted chargesheet under Ss. 304/34/323, IPC against the appellants and Madan Prasad. The cognizance of the case was taken by S. D. J. M. Lakhisarai on 18-1-83 and the case was committed to the Court of sessions where charge under S. 304, IPC was framed against appellants and Madan Prasad, who all denied the charge and therefore they were put on trial and accordingly they have been convicted and sentenced to undergo imprisonment for life as stated above.

(3.) The defence of appellants before the Court below was total denial of charge framed against them. According to the appellants, they have been falsely implicated in this case.