RAMESHWAR Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment and order of sentence dated 14.11.2005 whereby the appellant Rameshwar has been convicted under Section 304 -II of the IPC and had been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.2,000/ - and in default of payment of fine, to undergo SI for 3 months. Benefit of Section 428 of the Cr.PC had been accorded.

(2.) DD No. 4 -A was received in Police Station Kalyan Puri on 22.09.2004. It had reported that one injured person namely Ishwar (hereinafter referred to as the ,,deceased) had been brought to the LBS Hospital in a "brought dead" condition.

(3.) THE version of PW -2 as unfolded in this complaint (Ex.PW -2/A) was that on the night of Kalipuja while the rituals were being performed at the residence of his bhabhi Kela Devi, there were several invitees present there. After the pooja, people were drinking and taking dinner. At 11:30 pm, the deceased was lying on a cot; he was intoxicated; the accused Rameshwar insisted that he should take another drink; altercations took place between the two. Rameshwar threw a bottle of liquor on the deceased; the bottle hit the wooden post of the cot; splinters from the glass bottle hit the chest and forehead of the deceased. He started bleeding; the deceased was removed to the hospital by his nephew Satyawan (PW -1); he was already dead by that time.