RAJESH SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) INSTANT criminal appeal is directed against the judgment of conviction and order of sentence dated 7.3.2002, recorded by Shri Nagendra Kumar, IVth Additional Judicial Commissioner, Khunti in S.T. No. 261/99, by which the sole appellant Rajesh Sahu was convicted under Part II of Section 304 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.

(2.) PROSECUTION story in short as it stands narrated by the informant Raghu Sahu (since deceased) recorded at the referral hospital Torpa on 2.7.1998 at about 19:30 hours was that the appellant Rajesh Sahu had raised a brick -built boundary adjacent to the land of the informant a few months ago and thereafter the informant had raised wall on his own land adjacent to the wall already raised by the appellant. However the wall that was constructed with the help of boulders by the informant was protected by putting earth around the foundation so that the wall may not fall during heavy rain in the rainy season. Informant narrated that during rainy season, the appellant Rajesh Sahu constructed a drain with its outlet in the land of the informant. On the same day of his statement at about 6:00 p.m. while he was closing the outlet of the drain of the appellant it was alleged that Rajesh Sahu came there and started abusing him to which the informant prevented not to abuse and also asked him to get a separate drain constructed with the outlet other than his land. Upon such protest, it was alleged that the appellant became very much furious, snatched the spade from the hands of the informant and inflicted blows on the head as well as face of the informant with the spade as a result of which he sustained bleeding injuries and his tooth was amputated. He fell down becoming unconscious. He was removed to referral hospital where he was being treated. The occurrence was witnessed by his wife and daughters. His statement was recorded and thumb impression obtained at the referral hospital Torpa. Consequently police registered Torpa P.S. Case No. 13/98 on 2.7.1998 for the alleged offence under Sections 324/325/307 of the Indian Penal Code and proceeded with the investigation. The informant succumbed his injuries during treatment and thereafter the police submitted charge -sheet against the sole appellant for the offence under Section 302 of the Indian Penal Code. In course of investigation, the police collected blood stained spade from within the boundary of the appellant Rajesh Sahu and prepared seizure list. Appellant was put on trial after the charge against him was framed under Section 302 of the Indian Penal Code, however, he was convicted under Part II of Section 304 of the Indian Penal Code.

(3.) IT is evident from the inquest report that the informant died in the morning of 3.7.1998 during his treatment and inquest report was prepared on the same day at about 7:15 a.m.