SUNIL KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.10, 000/- with default clause vide judgment and order dated 3.7.2003 passed by Sri A.S.Lal, the then Presiding Officer, Fast Track Court No.1, Samastipur in Sessions Trial No. 206 of 1990/91 of 2001.

(2.) Prosecution case as per complaint petition filed by PW 5 Sita Devi, which has been later on sent for registration of police case, in short, is that deceased Jaibeer was a student in B.A. final year in Uma College and was very emotional and some persons used to cheat him. It is also prosecution case that on the day of occurrence, i.e., 28.5.1985 at about 6-7 A.M. in the morning accused appellant Sunil came and pressed Jaibeer to go out as Sunil had purchased a electric fan and Sunil took Jaibeer to electric transformer, which is by the side of Harijan Toli. Accused Sunil instigated and persuaded Jaibeer to climb up transformer for repairing, upon which Jaibeer had hesitated but on much pressure of Sunil he climbed over the transformer, although there was sparking and that other persons were forbidding him. However, Sunil instigated Jaibeer and also assured that he was switching off the line and there was no fear. Ultimately Jaibeer went upon the transformer and began to meddle with electric line for making repair and at that moment accused Sunil moved towards electric pole although Jaibeer cried loudly forbidding Sunil for switching on, but Sunil still switched on electric line, due to which Jaibeer got electric shock and Sunil fled away. Thereafter his dead body was brought down and father of Sunil, namely, Ramadhar Thakur came and taken his dead body on the plea that he will get him treated by Doctor but later on she came to know that he had not taken the dead body to any Doctor and burn his dead body by sprinkling kerosene oil.

(3.) The aforesaid complaint petition was sent under Section 156(3) Cr.P.C. for registration of police case and on that basis Khanpur P.S.Case No. 30 of 1985 was registered under Sections 302, 201 and 420 of the Indian Penal Code against the appellant and his father Ramadhar Thakur (since dead) .