PATNA, India, May 15 -- Patna High Court issued the following judgment on April 10:

1. At the outset, it is important to mention that both above named appeals are disposed herewith through this common judgment, as same arises out of Sessions Trial Case No. 177 of 2017, arising out of Jamalpur P.S. Case No. 91 of 2016 corresponding to G.R. No. 987 of 2016.

2. The present appeal preferred by appellants /convicts for final hearing against judgment of conviction dated 19.12.2018 and order of sentence dated 21.12.2018 passed by the learned Additional Sessions Judge-II, Benipur, Darbhanga in Sessions Trial Case No. 177 of 2017, arising out of Jamalpur P.S. Case No. 91 of 2016 corresponding to G.R. No. 987 of 2016, whereby and whereunder appellants/convicts have been convicted for the offences punishable under Section 302/34 of the Indian Penal Code (in short 'IPC') and sentenced them to undergo rigorous imprisonment for life with a fine of Rs. 25,000/-, in case of default of payment of fine, they shall further undergo simple imprisonment for one year.

3. The brief case of prosecution raised on fardbeyan as recorded by A.S.I. Navendra Kumar Singh of Beta O.P., Darbhanga near to emergency ward of doctor Anil Kumar of Darbhanga Medical College and Hospital (in short 'DMCH') that his father namely, Dashrath Yadav (deceased) was going on 27.12.2026 to Darbhanga by taking tempo from Kirathpur Chowk. It was stated that his father proceeded to another State and as he reached 200 yards near to the Kirathpur chowk, Vikash Yadav son of Babuan Yadav, Bimal Yadav (appellant), Kamal Yadav (appellant) and Amar Yadav (appellant) all sons of Bikan Yadav, Brajesh Yadav, Gulshan Kumar Yadav, both sons of Bimal Yadav, Mukesh Yadav, Rakesh Yadav, both son of Kamal Yadav, residents of village Bakunia, P.S. Nawhatta, DistrictSaharsa, who were hiding there prior to reaching of tempo, came in front and stopped tempo and pulled his father forcibly. All aforesaid persons who were equipped with iron rod, lathi and rod started assaulting his father and injured him badly, as a result of which he became seriously injured. Upon public alarm, the nearby people and villagers when started coming towards place of occurrence, seeing them, the aforesaid persons snatched Rs. 5,000/- and mobile and fled away, whereafter by the help of villagers and family members, he brought his father first to Primary Health Centre, Kirathpur from whereafter giving primary treatment, he was referred to DMCH, where he was admitted to emergency ward of Dr. Anil Kumar but during treatment, he died. It was stated that his both legs and hands also got fractured.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NSMxMDAjMjAxOSMxI04=-l3NkmPgJ6fc=)

Disclaimer: Curated by HT Syndication.