SUNDER GOSWAMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.8.2001 and order dated 9.8.2001 passed by 3rd Additional Sessions Judge, Bhagalpur, in Sessions Trial No. 340/93, convicting the appellant Sunder Goswami under Sections 302 and 323 of the Indian Penal Code (in short, IPC) and sentencing him to undergo R.I. for life under Section 302, IPC but passing no separate sentence under Section 323, IPC and convicting appellant Mandodari Devi under Section 302, IPC but releasing her on admonition under Section 3 of Probation of Offenders Act.

(2.) The case of prosecution, in short, is that on 25.4.1987 a goat of appellant Sunder Goswami and Bido Goswami was grazing maize crop of informant Jamuni Devi (PW 7) and informant caught hold of that goat and brought it to her 'darwaja'. In the meantime, both the appellants came there abusing the informant and snatched her child Khokhe Goswami aged about 1-1/2 years from her lap and threw him on the ground and started assaulting the informant. When informant raised 'hulla', Chhathu Goswami (PW 4), Bhuto Goswami (PW 5), Bino Goswami (PW 9) and other villagers came there and rescued the informant. In the meantime, Bido Goswami, Binni Goswami and Bharosi Goswami, all members of the family of appellant Sunder Goswami, came there armed with lathi and bhala saying for killing the informant. Koko Goswami (PW 1), husband of informant, came there and he saw his minor child Khokhe Goswami injured and unconscious and thereafter, informant along with her husband went to Ratanganj O.P. where they submitted written report about the occurrence and took their child to Government Hospital, Ratanganj for treatment where the doctor prescribed some medicine and asked them to take their child to Government Hospital, Bhagalpur. Informant and her husband brought their child to Government Hospital, Bhagalpur where fardbeyan of informant was recorded on the same day at about 10.30 p.m. On the basis of fardbeyan formal FIR under Sections 323/307/34, IPC was registered. The son of informant died during treatment and thereafter, Section 302, IPC was added to this case and police after investigation submitted charge-sheet against both the appellants. Cognizance of the case was taken and case was committed to the Court of Session where charges under Sections 302/34 against both the appellants and a separate charge under Section 302, IPC against appellant Sunder Goswami were framed and after trial appellants were held guilty and were convicted and sentenced as indicated above.

(3.) The case of appellants as it appears from the trend of cross-examination of prosecution witnesses is of their complete innocence and their false implication. No witness on behalf of the appellants has been examined.