BIPIN BIHARI NAND TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been directed against the order of conviction and sentenced passed by the learned 4th Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 361 of 1986 under Section 302, IPC.

(2.) The prosecution case, as per Fardbayan of the informant Munni Devi is that her son-in-law, Raj Kishore Pandey had been to her village Kandri. He was sleeping in the house of the informant in the night of 3/4th of December, 1984. At about 11-30 p.m. she woke-up on the Hullan and went into the room of her son-in-law Raj Kishore Pandey. He saw that her son-in-law was being assaulted by this appellant Bipin Bihari Nand Tiwari, the son of her sautan Madhu Devi with Iron Gupti on the left portion of cheek and neck and near the left ear of Raj Kishore Pandey.

(3.) Raj Kishore, Pandey sustained bleeding injuries and became unconscious, she and her only daughter Shiwawati Devi wife of injured Raj Kishore Pandey saw the alleged occurrence. On Hullah nearby neighbours, namely, Ras Bihari Nand Tewari, Braj Bihari Nand Tiwari, Daya Nand Tiwari and others rushed there and saw the injured Raj Kishore Pandey in an unconscious condition. The injured was taken to Mandar Holy Family Hospital for treatment by Ras Bihari Nand Tiwari, Dayanand Tiwari and Braj Bihari Nand Tiwari where he died in course of treatment.