RAJESHWAR CHAUHAN @ KAMDEO CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the appellants and the learned counsel for the State.

(2.) The appellants are aggrieved by the impugned Judgment of conviction and Order of sentence dated 17.09.1996, passed by the learned Judicial Commissioner, Ranchi, in S.T. No. 449 of 1992, whereby, the appellants have been found guilty and convicted for the offence under Section 304 Part-I of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I for life for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Anarwa Devi, the wife of the deceased Radha Chouhan, recorded on 4.1992 at Churi Siding, P.S Khelari, District Ranchi, wherein she has stated that on 5.1992, the accused Suresh Chouhan called her husband in the evening at about 7:45 P.M., and it is alleged that when the her husband went out with him, both the accused persons, namely, Rajeshwar Chouhan and Suresh Chouhan, assaulted her husband by lathi on his head and other parts of the body, causing bleeding injuries on him. It is also stated in the fardbeyan that the occurrence was witnessed by Brijlal Chouhan, Ram Keshar Chouhan and other persons. It is stated in the fardbeyan that thereafter on 7.1992, her husband was admitted in the hospital from where he was referred to R.M.C.H. Ranchi, on 18.1992, where he died on 19.1992 in course of treatment. It is stated that the occurrence had taken place due to previous enmity with the accused persons. The fardbeyan was given by the informant on 4.1992, and as to the cause for this delay, it is stated that the delay was caused due to performing the last rites of her husband. On the basis of the fardbeyan, Khelari P.S Case No. 42 of 1992, corresponding to G.R No.1562 of 1992, was instituted for the offence under Sections 304 of the Indian Penal Code, against both the accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.