LUTAN NATH GOSWAMI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Appellants and the learned Counsel for the state.

(2.) The instant appeal is directed against the judgment of conviction dated 10.07.2002 and order of sentence dated 15.07.2002 respectively passed in S.T. No. 225 of 1989 by Shri Rajesh Kumar Dubey, 1st Additional Sessions Judge, Giridih, by which judgment trial Court found all five Appellants convicted under Sections 304 Part-I/149 of the Indian Penal Code and sentenced them to undergo R.I for seven years. Further Appellant Nos. 2 and 5 namely Naresh Goswami and Bundo Goswami were separately convicted under Section 324 of the I.P.C. and sentenced to undergo R.I. for one year. All the five Appellants were further convicted under Section 148 I.P.C. and sentenced to undergo R.I. for three years. All the sentences were directed to run concurrently. Appellants were also fined Rs. 2000/- each under Section 357 Code of Criminal Procedure.

(3.) It is submitted by learned Counsel for the Appellants that it will appear from the evidences of the doctor P.W.9 Dr. B. P. Singh that deceased Somra Manjhi died after one and half months on 31.08.1988 due to septicemia which indicates that his death cannot be related to the injury caused on 18.07.1988 and as such, conviction of the Appellants under Sections 304 part-I read with 149 of the Indian Penal Code is bad in law and fit to be set aside.