YOGENDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 27.07.2016 and order of sentence dated 28.07.2016 passed by Additional Sessions Judge- VIII, Gopalganj in Sessions Trial No. 400/2005 arising out of Sidhwaliya PS Case No. 264/04, appellant, Yogendra Ram has been found guilty for an offence punishable under Section 328 IPC and sentenced to undergo RI for eight years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for six months additionally, under Section 304 of the IPC and sentenced to undergo RI for eight years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for six months, additionally, with a further direction to run the sentences concurrently.

(2.) Bideshi Manjhi, Chowkidar (PW-12) gave his Fardbeyan on 07.12.2004 disclosing therein that he came to know that his co-villager, Guddu Sharma had gone to the toddy shop of Yogendra Ram, (appellant) where he consumed wine three days ago. It has further been disclosed that Yogendra had brought spirit from a tanker which had turned turtle and, the aforesaid unrectified spirit was provided by Yogendra to Guddu Sharma and others, as a result of which, Guddu had been taken to Sadar Hospital, Gopalganj where he died. It has also been disclosed that on account of consuming spirit at the place of Yogendra, so many persons are suffering from chronic ailment including that of Sanjay Ram, Chandrama Manjhi. Furthermore, it has also been disclosed that the death of Baliram and others had also taken place on account of consumption of aforesaid unrectified spirit.

(3.) After registration of Sidhwaliya PS Case No. 264/04, investigation commenced and concluded by way of submission of charge-sheet, facilitating the trial, meeting with ultimate result, subject matter of challenge under the present appeal.