GOBARDHAN RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal is directed against the judgment of conviction and the order of sentence, both dtd. 24/9/2003, passed by the learned 4th Additional District and Sessions Judge, Dumka, in Sessions Case No. 37 of 2003/ 350 of 2003, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for five years under Sec. 304 part-II of the Indian Penal Code.

(3.) The prosecution case in brief is that on 23/9/2002 at 3 P.M., informant was standing at the back side of his house and his brother Arbind was coming with ox tied with rope and as the footpath road was narrow in between the land of the informant and the accused persons and there was crop in the field of the accused; all of a sudden, the legs of the ox went inside the field of the accused at which all accused persons began to abuse. In the meantime, father of the informant came there and asked the reason for abusing, on that altercation took place. Further, it is alleged that all the accused persons hold the deceased and accused Gobardhan gave a brick blow on the head of the deceased, as a result of which, he fell down. It is further alleged that Arbind ran to save his father on which the accused persons assaulted Arbind Rajak and the informant and Arbind had sustained injury. It is further alleged that the father of the informant died immediately at the place of occurrence. Thereafter, the accused persons ran away from there.