GUNILAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant suffered conviction and sentence of rigorous imprisonment for five years and fine of Rs. 3,000/- under Section 304, Part II of the Indian Penal Code (hereinafter to be referred to as the Code) vide the judgment and order dated 15.6.1990 passed by the Sessions Judge, Saharsa in Session Trial No. 3 of 1984.

(2.) The prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses lay within a narrow compass. At about 7.00 p.m. on 29.6.1983, the deceased Fideshwar Yadav & Fidia aged about 10 years returned to a his house after getting his buffaloes grazed. Just then the appellant Guni Lal Yadav went to his house, caught hold of his hands and asked him to return his Jholi of tobacco failing which he would do away with him. The deceased told him that he did not know about his Jholi nor did he take the same. Thereupon the appellant assaulted him with fists and slaps and he taking the deceased with him proceeded to his house. The informant Parmeshwar Yadav (PW 8), who was already there protested against highhanded and illegal act of the appellant and he requested him not to assault and drag the deceased. However, his request and persuasion went unheeded for by him. After the appellant took the deceased with him about 25 yards south of the house of one Telar Yadav he threw him on the ground as a result of which he sustained injury on his head and he started crying. Hearing his cry, the witnesses such as Sanichar Yadav (PW 4), Tetar Yadav (PW 5), Bhuneshwar Yadav (PW 6) and others arrived there and they tried to get the deceased released from the clutches of the appellant. But the appellant did not listen to their words and he did not release the deceased and he took him to his house where he mercilessly assaulted him and confined him for about two hours. Thereafter, the appellant took the deceased in unconscious condition to his house and threw him on the ground. The informant wanted to remove him to the hospital but he could not as the deceased succumbed to his injuries just then.

(3.) As it was late night the informant did not go to the police station to lodge information. He could go to the Raghopur Police Station only in the next morning. His fardbeyan (Ext. 1) was recorded by J. Guria, Sub-Inspector of Police of Raghopur Police Station on the basis of which the formal FIR was drawn up and the case was registered under Section 302 of the Code. Investigation was taken up. Inquest report was prepared. The dead-body of the deceased was sent for post-mortem examination. After completion of investigation and receipt of post-mortem examination report the charge-sheet was submitted under Section 302 of the Code and finally the trial commenced after commitment.