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2017 Supreme(Pat) 437

KISHORE KUMAR MANDAL, SANJAY KUMAR
Chinta Devi W/O Vishundeo Giri – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant :Mr. Vikramdeo Singh, Mr. Manoj Kumar and Mr. Manish Chandra, Advocates
For the Respondent: Mr. S.N. Prasad, APP.
For the Informant :Mr. Rajesh Kumar Pandey, Advocate

JUDGMENT :

Kishore Kumar Mandal, J.

1. Appellants Chinta Devi and Vishundeo Giri are the parents of appellant Munna Giri. All the three appellants were tried and convicted under Section 302/34 IPC read with Section 120B IPC for having caused death of minor son of the informant vide judgment of conviction dated 10.10.2012 passed in S.T. No. 50 of 2012 and by order of sentence dated 12.10.2012, they have been sentenced to undergo R.I. for life with fine having default clause.

2. It is a case where two fardbeyans were recorded. The occurrence had taken place in the evening of 13.08.2011 when the three appellants are said to have assaulted four and a half years old son of the informant with bricks/stones and knife when he had gone to ease near the pond close to the Jain temple. The victim, having received injury at the hands of the accuseds-appellants, was immediately taken to the Ara Sadar Hospital and from there to Patna where he was hospitalized in a local hospital and, in course of treatment, on the following day at 9 a.m., he was declared dead. The officer-in-charge of the local police station reached the hospital and recorded the fardbeyan of the informant (Ext.-4) within half an ho


























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