GOPAL MAHARANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises against the judgment dated 9-9-1997 passed by Sri Hari Shankar Prasad, Sessions Judge, Dumka in Sessions Case Nos. 177 of 1989/ 203 of 1990, whereby he convicted all the six appellants for commission of the offence under Section 304, II of the Indian Penal Code and sentenced them to undergo R.I. for a period of 5 years each for the said offence. All the appellants, except appellant No. 6 Hansi Devi, have further been convicted for committing the offence under Section 323 of the IPC but no separate sentence was passed.

(2.) The prosecution case in short is that PW-7 Budhan Maharana gave a fardbeyan on 9-4-1987 alleging therein that on 8-4- 1987 at about 6.00 P.M. all the appellants came at the door of the informant complaining that the she goat of the father of the informant had eaten up pumpkin plant of the accused persons and then they started abusing and assaulting the informant's father with Lathi and slaps. The informant's father raised alarm, at this the informant and his mother came to rescue Dewali Maharana (the father of the informant) and then it is said that the informant and his mother were also assaulted by the accused persons. On the basis of the said report the F.I.R. was registered under Sections 147 and 323 of the I.P.C. However, since the injured Dewali Maharana died subsequently and, as such, Section 304 of the IPC was added. After investigation, charge sheet was submitted under Section 304/323 IPC and, thereafter, they were put on trial.

(3.) In order to establish the charges, altogether eight witnesses were examined on behalf of the prosecution and one witness examined on behalf of the defence also, PW-1 is Dr. Sita Ram Sah, who examined the injuries on Sitia Devi (PW-6) and found a lacerated wound on the right side of forehead caused by hard and blunt substance. He also examined injuries on the informant Budhan Maharana. PW-2 is Dr. K. D. Singh, who held Post Mortem examination on the dead body of the deceased Dewali Maharana. PW-3 is Milkhi Devi, is the daughter of the informant and is an eyewitness to occurrence. PW-4 is Kauleshwari Devi, the wife of the informant Budhan Maharana (PW-7) and she is also an eyewitness to the occurrence. PW-5 has been tendered. PW-6 is Sitia Devi, wife of the deceased and the mother of the informant and also an eyewitness to the occurrence. PW-7 is the informant Budhan Maharana whereas PW-8 is a formal witness, who has formally proved the F.I.R. The Investigating Officer was not examined.