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2013 DIGILAW 1422 (PAT)

Sheo Mangal Mukhia v. State of Bihar

2013-12-10

ANJANA PRAKASH

body2013
JUDGMENT : Smt. Anjana Prakash, J.- The appellants have been convicted under Section 304(ii), IPC and sentenced to RI for five years by the 8th Additional District and Sessions Judge, East Champaran at Motihari in S.Tr. No. 320/99 by judgment and order dated 13.7.2001. 2. The case of the informant, Bindeshwari Mukhiya is that on 31.8.1997 his father along with some others were sleeping on the chabutra the appellants came there and asked the villagers to vacate the chabutra. In the process of stepping down his father was pushed down by accused persons and thereafter dragged to their house. They were variously armed and assaulted deceased with fists and slaps and also the blunt portion of the lathi causing internal injury. On an alarm having been raised a number of villagers gathered there. They tried to settle the matter through panchayati but on 1.9.1997 at 7 a.m. his father died at home and, hence, the present case was instituted. 3. During trial the prosecution examined six witnesses out of whom PW 5, the Doctor who performed the post-mortem on the dead body of Bagar Mukhiya on 2.9.1997 stated that he had found haemorrhage and shock on the abdominal activity caused by hard and blunt substance and some injuries on the chest. 4. PW 1, Ram Ekbal Mukhiya stated that on the date of occurrence the appellants objected to the villagers sleeping on the chabutra and asked the deceased to get off. When he did so he was further assaulted with fists and slaps. While describing the place of occurrence he stated that there were a number of bricks scattered near the high chabutra. 5. PW 2, Radha Mukhiya also stated that on the date of occurrence the appellants came there and asked them to vacate the same. In the process of vacating the deceased was assaulted by the appellants with fists and slaps. 6. PW 3, Kailash Mukhiya also gave the same version as the other witnesses. 7. PW 4, Bindeshwari Mukhiya, the informant repeated the version as given by him in the First Information Report. PW 6, Bimal Kumar Singh is the Investigating Officer. 8. From the evidence of the Doctor, I find that he stated that the injuries on the person of deceased could have been caused by falling down on a place where brick-bats were lying around. PW 6, Bimal Kumar Singh is the Investigating Officer. 8. From the evidence of the Doctor, I find that he stated that the injuries on the person of deceased could have been caused by falling down on a place where brick-bats were lying around. From the evidence of the witnesses, I find that the height of the chabutra was 3-4 feet and there was no step upon the same. The possibility that the deceased having fallen down sustained injuries and thereafter died can not be ruled out. 9. Hence, the conviction of the appellants under Section 304 (ii) is set aside. However, they are convicted under Section323, IPC and sentenced to the period already undergone by him during trial. 10. With the aforesaid modification in conviction and sentence, the appeal is dismissed. Appeal dismissed.