PATAL MARANDI Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed on 21/11/1990 in connection with Sessions Case No. 149/1985/ 183/1989, whereby and whereunder the learned Additional Sessions Judge, Pakur (Sahebganj) convicted the appellants under S. 304 Part II IPC and sentenced them to undergo Rigorous Imprisonment for ten years each.

(2.) The case of the prosecution in short is that on 7-11-1983, while the husband of the Informant was in the house of his cousin brother, the appellants came there and asked her husband, Chotka Tudu that Dobe Marandi, one of the appellants got the decree of the land and, therefore, he should leave the land but Chotka Tudu started favouring Debi Marandi and thereafter the accused persons/appellants started assaulting Chotka Tudu by fist and slaps and thereafter her husband Chotka Tudu became unconscious and he was taken to his house and got him treated by village doctor but her husband died. Accordingly, the FIR was lodged under S. 304 IPC. The police investigated into the case and submitted charge-sheet. The appellants appeared before the Sessions Judge and accordingly charge was framed to which they pleaded not guilty.

(3.) PW-1 stated in his evidence that the appellants assaulted Chotka Tudu with fists and slaps and there was land disputes between the parties from before. PW-3 is the widow of the deceased, who stated that she was informed by one Geda Tudu about the incidence and he told her that the appellants assaulted her husband. She deposed clearly that her husband was treated by the village doctor. PWs 5, 7 and 8 are the witnesses on Inquest Report and formal FIR. P.W.-6 is the doctor who held post mortem and found three abrasion on the person of the deceased, which are as follows :