JADDU SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants along with one Kumari were charged for the offence under Sections 323, 447 and 304 of the Indian Penal Code (IPC). However, trial Court on appreciation of evidences placed on record, while acquitted Kumari of all the charges, acquitted Shankar Sahni and Reshmi of the charges under Section 304. IPC. The trial Court found Jaddu Sahni guilty under Sections 304, 323 and 447. IPC for which he was sentenced to suffer Rigorous Imprisonment for four years under Section 304, IPC. As for conviction under Section 323, IPC, he was sentenced to suffer imprisonment for 15 days and for his conviction under Section 447. IPC, no sentence was imposed on him. Along with Jaddu Sahni. Shankar Sahni and Reshmi also suffered conviction under Sections 323 and 447, IPC. However, trial Court instead of sentencing Shankar Sahni and Reshmi to any substantive Imprisonment, released them on admonition under Section 3 of the Probation of Offenders Act. In case of Jaddu Sahni, both the sentences were directed to run concurrently.

(2.) Shorn of details, prosecution case was that at about 10 a.m. on 26th July. 1988, while Bujhawan Baitha (PW 6) was sleeping with Sheela a minor girl aged about 2-1/2 years, on a machan, appellants came along with Kumari and did assault him suspecting him to be a witchcraft. It was alleged that while wife of Jaddu Sahni caught hold of him. Kumari dealt blows with wooden substance. Accusations attributed to Jaddu Sahni was that he pulled down him holding his legs from the machan, pursuant to which both Shankar Sahni and Jaddu Sahni assaulted him with fists and slaps and in that process Sheela got pressed. Alarm raised by him attracted villagers and while Sheela was being taken for medical aid. She breathed her last and on strength of statement of Bujhawan Baitha. First Information Report was drawn up at Sahiyara Police Station, pursuant to which investigation commenced. In the process of collection of evidences Police visited place of occurrence, prepared inquest report over the dead body of Sheela in presence of Ram Prasad Baitha and Sitaram Baitha, sent the dead body for postmortem examination and on receipt of post mortem report and on conclusion of investigation laid charge sheet before the court and applicants along with Kumari on their committal to the Court of Session were put on trial a the trial Court on consideration of evidence placed on record while acquitted Kumari of all the charges, rendered verdict of guilt against the appellants and sentenced them in the manner stated above, which is being assailed in this appeal.

(3.) For making meticulous appreciation of the findings recorded by the trial Court, it is apt to delve upon the testimony of witnesses rendered by them at trial, and one would find Bujhawan Baitha (PW 6) reiterating his early version with some variations which he rendered before the Police to set it in motion, about the appellants and Kumari assaulting him when Sheela got pressed and before any medical aid could be made available to her, she succumbed to the pressure sustained by her. Ram Prasad Baitha (PW 1) stated to have learnt about the incident from Makodhan Devi (PW 2) and the latter too stated to have noticed her father-in-law lying injured in the house who was pulled down and assaulted by the appellants and one Kumari, Narrations in similar terms about the incident were rendered by Sitaram (PW 3) also. Since Panwa Devi (PW 4) and Mahendra Ram (PW 5) were tendered by the prosecution, there was nothing material in their evidences to merit consideration. Dr. Satish Chandra Sinha (PW 8) stated to have clinically examined Bujhawan Baitha and noticed bruises 1 x 1 on left eye brow caused by hard and blunt substance. The injury in estimation of the doctor was simple in nature and was also superficial. Dr. Luxman Jha (PW 7) stated to have held autopsy over the dead body of Sheela, a minor girl aged about 2-1/2 years. Positive finding of the doctor was that there was no evidence of any external injury on her body nor there was any evidence of pressure mark on the face or neck, nor any string mark around the neck. The whole body looked ill nourished, dehydrated and emaciated. The examination of lungs revealed evidence of pool of tuberculosis at multiple sites specially the upper lobes. There was a definite cavity in the lung on the right side and in the opinion of the doctor, the diseases must have been there for quite some time, and the cause of death in the opinion of the doctor was exhaustion as a result of various disease process, she was suffering from before. This is all the evidence that has been adduced on behalf of the State to bring home charges against the appellants.