PANCHANAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have challenged the judgment of their conviction under section 302/34 IPC dated 03.09.1993 and the order of sentence of R.I for life dated 04.09.1993 passed by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No. 195 of 1992/13 of 1992.

(2.) By an order dated 08.09.1993, the appellants were granted bail by this Court.

(3.) Briefly stated, the prosecution's case is that in the night of 18th/19th of August, 1983 the father-in-law of Malti Devi was assaulted by the appellants with slaps and fists causing internal injuries to him and as a result of which he died in the hospital two days thereafter. A common charge under section 302/34 IPC was framed against the appellants vide order dated 11.02.1993. During the trial, the prosecution has examined seven witnesses; P.W.1 is the daughter-in-law of the deceased-Nundhan Rawani, P.W.2 is his son and P.W. 3 is the another son of Nundhan Rawani. Dr. Ram Gopal Singh who has been examined as P.W.4 has examined Nundhan Rawani first when he was brought to the hospital and Dr. Satya Saran Sen-P.W.5 has conducted autopsy over his dead-body. The investigating officer has examined himself as P.W.7 and P.W.6 was tendered for cross-examination.