RAGHUNATH BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 17th December, 1999 passed by the 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 79 of 1993 whereby the Trial Court has found and held the appellants guilty for the offences punishable under Section 304 (A) of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years.

(2.) The prosecution case, briefly stated, is that in the night between 1st/2nd June, 1991, the deceased Jetu Sahani was allegedly assaulted by the appellants as they were aggrieved because they believed that Jetu Sahani had an illicit relationship with Champa Devi, wife of Surendra Bhagat, the brother of the appellants 1 and 2. Appellant Jaylal Bhagat is the son of Champa Devi.

(3.) The fardbayan was signed by the chowkidar and was recorded by the Officer- in-charge of Siwaipatti Police Station at about 08:45 AM on 2nd June, 1991.