LAWS(PAT)-2011-4-223

RAM SEWAK YADAV Vs. STATE OF BIHAR

Decided On April 19, 2011
RAM SEWAK YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE appellants have been convicted under Section 304 Part II read with 34 I.P.C. and Section 148 I.P.C. and sentenced to rigorous imprisonment for 7 years and one year respectively by the learned Additional Sessions Judge -II, Patna in Sessions Trial No. 344 of 1982 by the judgment dated 4.2.1994.

(2.) THE case of the prosecution is that on 13.3.1979 the accused persons variously armed came to the village of the informant P.W.5 and Ram Sewak Yadav dealt Bhala blow on Jagat Prasad while Ragho Prasad sustained gun shot injuries at the hands of Deoki Yadav and Ramanand Yadav gave lathi blow on them. Jagat Prasad was seriously injured and shifted to P.M.C.H. where he died later.

(3.) INITIALLY charges were framed under Section 302 and 302/149 but the appellants were convicted as mentioned above. The prosecution in all examined eight witnesses out of whom P.W.1, 2, 3 & 4 deposed as witnesses whereas P.W.5 is hear say and P.W. 6, 7 and 8 are formal in nature. Neither the doctor who conducted the post mortem examination or examined the injured was examined nor was the Investigating Officer examined on behalf of the prosecution. In effect, therefore, there is only oral evidence with regard to either the injuries sustained by Chandrika Prasad and Ragho Prasad or death having been caused of Jagat Prasad on account of assault meted out by the accused persons. It also appears that P.W.4 Ragho Prasad was not examined by the police for about 4 days which is noted in the judgment of the Trial Court nor was he medically examined. P.W. 1, 2 and 3 have stated that the police had visited the village after 4 days of the occurrence.