SRIRAM PASWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a jail appeal preferred by the appellant Sriram Paswan who is aggrieved by the impugned judgment and order dated 30.6.2017 passed by the learned Additional Sessions Judge, Court No. 3, Kushinagar at Padrauna in Sessions Trial No. 25 of 2006 (State Vs. Sriram Paswan) arising out of Case Crime No. 197 of 2005, under Sections 3054 I.P.C., Police Station Ramkola, district Kushinagar whereby the learned Additional Sessions Judge has sentenced the appellant for 10 years R.I. and fine of Rs. 10, 000/- under Section 304 I.P.C.. In default of payment of fine, the appellant has to undergo 6 months additional imprisonment.

(2.) Heard Km. Rashmi Srivastava, learned Amicus Curiae, appearing for the appellant and learned A.G.A. on behalf of the State.

(3.) The facts giving rise to this appeal are that on 18.6.2005 at 9.15 P.M., a written report (Ex. Ka. 1) was submitted by the complainant Raju Paswan at Police Station Ram Kola to the effect that in the evening (on the same day) at about 5.30 P.M. when his 13 years old son Mantu was sleeping on the heap of paddy straw of Buddhu, Sriram Paswan (appellant) suddenly came there and hit a wooden cricket bat on the head of his son with full force causing serious injuries. The witnesses Sonarika, Tirkath and Ram Nayan had seen the occurrence. His son died on the way to the hospital. The dead body of Mantu was brought back to the house of complainant and the report was lodged, on the basis of which Case Crime No. 197 of 2005 under Section 304 I.P.C. was registered against the appellant Sriram Paswan and the matter was investigated. After investigation, chargesheet under Section 304 of I.P.C. was submitted by the investigating officer against the appellant.