ORDER :

Navneet Kumar, J.

This appeal is directed against the judgment of conviction dated 22.11.2003 and order of sentence dated 24.11.2003 passed by the learned Additional District & Sessions Judge, Fast Track Court-6, Giridih in Sessions Case No. 23 of 1989 whereby and whereunder the appellant Huro Yadav has been convicted under section 304 part II of the IPC and sentenced to undergo Rigorous Imprisonment for 6 years.

Prosecution Story

2. The prosecution story in brief is that on 25.08.1988 at 9 P.M., the informant Dasrath Yadav P.W.10 was at his house with his family members. The father of Dasrath Yadav, started abusing and on hearing the noise, accused persons came to that place with lathi. It is alleged that this appellant Huro Yadav assaulted Bhattu Yadav, by lathi and caused injury on his head. It is further alleged that when the informant Dasrath Yadav tried to save his father other accused persons also came with lathi and assaulted Dasrath Yadav. It is further alleged that due to the injury caused by lathi on the head, Bhattu Yadav died after few days at Ranchi Hospital during the course of treatment.

3. After investigation charge sheet was submitted against the appellant