SHEO PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Sheo Prasad has filed this criminal appeal challenging the judgment and order dated 08.12.1995 passed by Ist Additional Session Judge, Unnao in S.T. No.224/1989, whereby he has been convicted and sentenced to undergo rigorous imprisonment of five years under Section 304 IPC.

(2.) THE brief facts of the prosecution case are that on 11.10.1989, the appellant Sheo Prasad was showing snake in the village and in doing so he placed a snake around the neck of the deceased Mana. The snake bit him as a result of which Mana died after some time. An FIR was lodged with the Police Station Barama, District Unnao and the police registered a case against the appellant. The police submitted charge -sheet against the appellant under Section 289 and 304 IPC.

(3.) THE prosecution examined eight witnesses during trial and the learned trial court on appraisal of evidence did not find any evidence with regard to charge under Section 289 IPC and accordingly, acquitted him but found the appellant guilty of the offence punishable under Section 304 IPC.