DEBASHISH BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard parties.

(2.) This criminal appeal is directed against the judgment and order of conviction dated 24.05.2012 and sentence dated 25.05.2012, under Sections 377, 302 and 201 of the IPC passed by the Additional Sessions Judge, F.T.C-II, Vaishali at Hajipur in Sessions Trial No. 319 of 2010 arising out of Bidupur P.S. Case No. 239 of 2009.

(3.) The prosecution case is based upon FIR lodged by Laxman Mishra father of the deceased child in which it has been stated that on 19.07.2009 at about 2:15 pm, he received information on mobile from school staff that his son is unwell and has been sent to Sadar Hospital, Hajipur, for treatment and on receiving such information, he went to Sadar Hospital, Hajipur, where he found that his son was lying dead. After seeing the dead body of his son, he found his neck slit and wrist veins cut and there were other injuries also on the forehead, chest and cheek of his son. The deceased child was admitted in Oasis Residential Public School in Class-1 and was residing in the hostel of the said School. His admission in the said School was done at the assurance of Pramod Kumar Pandey, Store Keeper of the school and Nitin Kumar Director of the school that they will take proper care of his son. On 04.07.2009, his son was admitted into the school and started residing in the hostel under Superintendent Pankaj Kumar and Principal and they assured security and safety of his child. From the hospital staff he came to know that the dead body of his son was brought in white colour Maruti Van and after leaving the dead body in the corridor of the hospital all of them fled away from the hospital. He tried to contact school authority/accused persons on phone but their mobiles were switched off. On the basis of written complaint FIR was registered by the Officer-in-Charge Bidupur P.S. Case No. 239 of 2009 registered for the offence punishable under Sections 302, 120B and 34 of the IPC. Police investigated the matter and after investigation submitted chargesheet against the appellant under Sections 302, 377, 201, 120B and 34 of the IPC and thereafter case was committed to the court of Sessions and charges were framed under Sections 302, 377, 201, 120B and 34 of the IPC, appellant denied the charge framed against him and claimed to be tried.