ROOP DHARI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction dated 25 th July 2005 and order of sentence dated 28 th July 2005 passed by the learned 9 th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 346 of 2003 arising out of Sadar P.S. Case No. 199 of 2002 by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs.2000/-and in default of payment of fine rigorous imprisonment for six months under Section 328 IPC and rigorous imprisonment for life and a fine of Rs.2000/- under Section 302 IPC and in default of payment of fine further to undergo rigorous imprisonment for six months. Both the sentences have been directed to run concurrently.

(2.) According to Fard Beyan (Ext. 2) of the informant Tetari Devi (P.W. 6) on 10.10.2002 at 8 a.m. at her Darwaja in village Khabara, the prosecution case, in brief, is that her husband Amichand Das (deceased) transferred his two dhurs of homestead land on 8.10.2002 in favour of Shiv Shanker Ojha (D.W.-1) for a consideration of Rs.20,000/- through registered deed. Roopdhari Das (the appellant) was present at the time of registration of sale deed at Muzaffarpur Registry Office. Her husband (deceased) returned to his house and told her that consideration money of Rs.20,000/- had been given to Roopdhari Das (appellant) for safe custody. Later on, her husband demanded the money but it was not returned by the appellant to the deceased. Geeta Devi (P.W. 4), the elder daughter of the informant told her that on 9.10.2002 at about 4.30 p.m. the appellant was seen with her husband (deceased) in the shop of illicit liquor and the appellant was serving the illicit liquor to the deceased. At 8 A.M. the deceased came to his house in drunken condition, wept and told her that Roopdhari Das (appellant) did not return Rs.20,000/-, sale proceed even after demand and served the liquor mixed with the poisonous substance, as a result of which his condition was deteriorating. He vomited twice and again he vomited blood. Thereafter, he became senseless and died. The informant had firm belief that her husband died due to poisonous liquor served by Roopdhari Das (appellant).

(3.) On the basis of fard beyan Sadar P.S. Case No. 199 of 2002 dated 10.10.2002 was registered under Sections 328/302 IPC. After investigation charge-sheet was submitted against the appellant for the offence punishable under Sections 328 and 302 IPC. Cognizance was taken and the case was committed to the Court of Sessions. Charges were framed against the appellant for the offence punishable under Sections 328 and 302 IPC to which he denied and claimed to be tried.