IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.786 of 2016

Arising Out of P.S. Case No.-63 Year-2013 Thana-Biraul District- DARBHANGA

=========================================

Arjun Paswan, Son of Late Dayadas Paswan, Resident of village-

Kaladih, P.O.- Jagarnathpur, P.S.- Biroul, District- Darbhanga.

.... .... Appellant

Versus

The State of Bihar

.... .... Respondent/Opposite Party

=========================================

Appearance :

For the Appellant : Mr. Ajay Kr. Thakur, Adv.

Ms. Swati Sinha, Adv.

For the State : Mrs. Abha Singh, APP

=========================================

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

ORAL JUDGMENT & ORDER

Date: 16-05-2018

The appellant/Arjun Paswan has been convicted

for the offence punishable under Section 304 of the Indian

Penal Code (in short the I.P.C.) by judgment dated

26.08.2016, passed by the learned 2^nd Additional Sessions

Judge, Benipur, Darbhanga in Sessions Trial No. 12 of 2014,

arising out of Biraul P.S. Case No. 63 of 2013, and by order

dated 31.08.2016, he has been sentenced to undergo

rigorous imprisonment for ten years, to pay a fine of Rs.

20,000/- and in default of payment of fine, to further suffer

rigorous imprisonment for six months. Half the amount of

Patna High Court CR. APP (SJ) No.786 of 2016 dt.16-05-2018

2/9

fine has been directed to be paid to the family members of

the deceased.

2. The appellant is alleged to have killed the

mother of the informant, viz. Jagiya Devi.

3. The case of the prosecution is based on the

fardbeyan statement of Sanjay Paswan (P.W. 5). He has

alleged that on 08.03.2013, at about 10 O’clock in the day,

because of the old land dispute, the appellant and others

variously armed with weapons came to his darwaja and

started abusing him. When this was protested, the appellant

is said to have assaulted him on his head by means of a

wooden substance (samath). The informant/P.W. 5 claims to

have been injured and fell down on the ground. When his

mother/Jagiya Devi came to his rescue, the appellant is said

to have assaulted her also with the same instrument, on her

head, as a result of which she became seriously injured. The

second assault hit the mother of the informant (deceased) in

her

cheeks.

When the

mother

(deceased)

of the

informant/P.W. 5 fell down on the ground, other female

accused persons assaulted her by means of bamboo sticks

and lathi, leading to serious injuries on her person. On hulla,

many persons of the neighbourhood arrived and the accused

persons including the appellant ran away. With the help of

the villagers, the mother of the informant was taken to

Patna High Court CR. APP (SJ) No.786 of 2016 dt.16-05-2018

3/9

D.M.C.H., Darbhanga, where, during the course of treatment,

she died on 09.03.2013 at about 2:30 hours in the morning.

4. On the basis of the aforesaid fardbeyan

statement by the informant/P.W. 5, a case vide Biraul P.S.

Case No. 63 of 2013, dated 09.03.2013, was instituted for

investigation for the offences punishable under Sections 147,

148, 149, 323, 324, 307, 302, 448 and 504 of the I.P.C.

5. The police, after investigation submitted

charge-sheet against the appellant and co-accused/Krishna

Paswan, whereupon cognizance was taken and the case was

committed to the Court of Sessions for trial.

6. The Trial Court, after examining seven

witnesses on behalf of the prosecution and none on behalf of

the defence, convicted and the sentenced the appellant as

aforesaid. However, finding no cogent material against co-

accused/Krishna Paswan, the Trial Court acquitted him.

7. The learned Advocate for the appellant, while

assailing the judgment and order of conviction, has argued

that no independent person has been examined in this case

and the conviction has been recorded only on the deposition

of the witnesses, who are highly interested and