BALDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been filed by the sole appellant against the judgment of conviction and order of sentence dated 22-7-1995 passed by the Additional Judicial Commissioner, Khunti, in Sessions Trial No. 375 of 1990/T.R. No. 206 of 1993 under which the learned Judicial Commissioner convicted the appellant under Section 304-IT of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years.

(2.) The prosecution case in brief as stated is that on 17-9-1989 at about 1.30 p.m., one Sikhar Mahto lodged a First Information Report stating therein that on 15-9-1989 at about 6 p.m., his servant. Dukhan Swansi while returning back with the cattle, the appellant Baldeo Mahto assaulted his servant with lathi it is also alleged that he had gone out of the village and when he returned back he came to know about the occurrence from his wife. Accordingly, a case under Sections 341 and 325 of the Indian Penal Code was registered. Subsequently Section 304 of the Indian Penal Code was added as the injured Dukhan Swansi died in course of treatment. The police investigated into the case and submitted charge-sheet accordingly against the sole appellant.

(3.) The appellant Baldeo Mahto appeared before the Additional Judicial Commissioner, Khunti and thereafter charge under Sections 323, 341 and 304 of the Indian Penal Code was framed to which the appellant pleaded not guilty.