- (1.) NOBODY appeared for the appellant. However, Mr. Pramod Kumar Choudhary, assisted the Court on behalf of the appellant as Amicus Curiae and Mr. A.B. Mahato argued on behalf of the State.
(2.) THIS Appeal is directed against the judgment of conviction dated 6.2.1991, passed by the learned Sessions Judge, Deoghar convicting the appellant for the offences under Section 304 Part 1 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years. The prosecution case in short is that Bhola Rai, (the deceased) alongwith others were reciting 'Kirtan ' in the evening by making round in the village on 29.4.1987 at about 7 P.M. The 'Kirtan ' group of about five persons reached near the house of the appellant and after taking 'Prasad they moved ahead singing holy song but when they reached near the house of one Badri Mandal, the appellant came out of the house of Badri Mandal with a Lathi and struck a heavy blow on the head of Bhola Rai. When Bhola Rai tried to run away, other accused persons surrounded him. On this, the other members of "Kirtan ' Party took to their heels raising Halla on which Sahdeo Rai, the son of Bhola Rai and Mahadeo Mandal reached at the spot and saw the accused persons fleeing while Bhola Rai was lying on the ground with bleeding head injury.
(3.) THE F.I.R. (Exhibit -3) was lodged in the night itself. The motive of assault was said to be the land dispute. A case under Sections 325, 341, 323 read with Section 34 I.P.C. was registered. Bhola Rai succumbed to the injuries in the Hospital on the next day i.e. 3.4.1987 and then an offence under Section 304 I.P.C. was also added in the case.;