GULI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 17.2.2007 passed by the Additional Sessions Judgi-cum-Presiding Officer, Fast Track Court II, Saharsa in Sessions Trial No. 10 of 1991 by which while being acquitted of the charge under Section 449, IPC, the appellant was held guilty of committing offence under Section 304-II, IPC. After being heard on the point of sentence on 22.2.2007 was directed by the learned trial Court to suffer RI for live years as also to pay a fine of rupees one thousand. In case of default in payment of fine, the trial Judge directed the appellant to undergo SI for two months only.

(2.) The mother of the deceased Yashoda Devi is the informant of the case and she gave her fardbayan about four days after the occurrence on 10.6.1988 alleging that the deceased along with one Inglish Singh had gone into the field of the present appellant for plucking Mung pods. The appellant chased them and it is stated that he assaulted the deceased with Paina (Paina is a hard blunt substance created by splitting up a bamboo). The deceased ran for safety into his house and hid himself. The prosecution alleged that the appellant entered into the house of the deceased and assaulted him there also.

(3.) As may appear from the evidence, the deceased died four days after the occurrence. The case was registered and the investigation was undertaken and after close of the same, the solitary appellant was sent up for trial, which ended in his conviction.