KAMESHWAR MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Jitendra Mistry has been convicted under Section 304 Part-II IPC and sentenced to RI for ten years whereas the appellant Kameshwar Mistry has been convicted under Section 323 IPC and sentenced to RI for one year and the appellant Bindheyachal Devi has also been convicted under Section 323 IPC but she has been released on probation on executing bond of Rs. 10,000/- by the 1st Additional 2 Sessions Judge, Aurangabad in Sessions Trial No. 121/87/54/91 by a judgment dated 27.11.1996.

(2.) The case of the prosecution according to the informant is that on 23.04.1984 a dispute arose between the parties over drawing of water from a well which led to an assault on Baijnath Ram due to which he was injured and later died after one week. Initially the charge was framed under Section 323/34 IPC but the appellants were convicted as mentioned above.

(3.) During trial the prosecution in all examined fourteen witnesses out of whom P.W. 2 and P.W. 7 are formal witnesses. P.W. 10 and P.W. 11 are tendered witnesses. P.W. 1 is the Doctor who examined the injured person whereas P.W. 3, P.W. 4, P.W. 5 and P.W. 6, P.W. 8, P.W. 9, P.W. 10, P.W. 11 and P.W. 12 are the witnesses on the point of occurrence and P.W. 13 is the Investigating Officer and P.W. 14 who conducted the post-mortem of the deceased.