RAMA KANT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal by the sole appellant Rama Kant Rai is directed against the judgment and order dated 29th April, 1989 passed by the Sessions Judge, Gopalganj, in Sessions Trial No.157 of 1983 convicting and sentencing the appellant to undergo rigorous imprisonment for seven years under section 304, Part II of the Indian Penal Code.

(2.) THE prosecution case, in short, is that on 25.5.82 at about 11 P.M. informant Fulbaso Devi (P.W. 7) got her fardbeyan recorded by A.S.I. Hari Prasad (P.W.8) stating therein that one week ago on a Wednesday a buffalo and a calf belonging to appellant entered her field which she had taken on batai from one Rajbanshi Rai and started grazing sugarcane crops. Her son Dinesh Rai went to the field and caught the buffalo and calf and took them to a place known as &aposBrahma Baba&apos. The appellant reached there and started abusing Dinesh Rai and thereafter he assaulted him with fists and slaps. Seeing this occurrence the villagers Ram Sewak Rai (PW.5), Chandrama Rai (not examined) and others reached there and in their presence also the appellant assaulted Dinesh Rai with fists and slaps on his Panjra (rib -cages) and twisted his neck as the result of which Dinesh Rai fell on the ground and became unconscious. Thereafter the villagers brought son of informant to her house and one day thereafter he was taken to. Samaur Hospital where he remained admitted for treatment and on 25.5.82 at about 5 P.M. he died of injuries sustained by him. The dead body of the deceased was brought to the house of the informant where A.S.I. Hari Prasad (P.W.8) reached and recorded the fardbeyan (Ext.2) of informant. He also prepared inquest report (Ext.3) and the dead body of the deceased was sent to Gopalganj Hospital for post mortem examination and formal FIR was drawn under section 304 IPC. After investigation charge sheet under section 302 IPC was submitted against the appellant and after taking cognizance case was committed to the court of Sessions where charge under section 302 IPC was framed against the appellant.

(3.) THE trial court after trial found the appellant guilty under section 304, Part II IPC and accordingly convicted and sentenced him to undergo R.I. for a period of 7 years.