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1971 Supreme(SC) 265

A.N.GROVER, K.S.HEGDE
Joginder Ahir – Appellant
Versus
State Of Bihar – Respondent


Judgment

GROVER, J.- This is an appeal by Special leave from a judgment of the Patna High Court.

2. Four persons namely Jagmohan Ahir, Joginder Ahir, Budhnath Ahir and Manpuran Ahir were tried for having caused the death of Pahna Uraon on the 9th July, 1965 between 8 or 9 A. M. in a paddy field bearing plot No. 1797 in village Pandaria Kusum total in the District of Ranchi. They were convicted by the Trial Judge under S. 304 Part II of the Indian Penal Code read with S. 34 and each was sentenced to rigorous imprisonment for five years. On appeal the High Court upheld the conviction but reduced the sentence to one of three years rigorous imprisonment, in the case of each of the four persons. A petition under Article 136 was brought to this Court by the four convicted persons. Special Leave was declined with regard to Jagmohan Ahir but was granted with regard to the other appellants. It was limited to ground No. 7 of the Petition for Special Leave to Appeal.

3. We need refer only to the findings of the High Court. The injuries which had been sustained by the deceased had been inflicted by blunt weapons, i.e. lathies. According to the High Court, two blows had been inflicted on the head





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