SHANKAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant named about against the impugned judgment and order dated 13.6.1990 passed in Sessions Case No. 127 of 1985 by Shri Jugal Kishore Prasad, 2nd Additional Sessions Judge, Dumka at Camp Jamtara whereby and whereunder the appellant was found guilty for the offence punishable under Sections 328 and 304 Part II of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years for the offence under Section 304 Part II of the Indian Penal Code but no separate sentence was awarded for the offence under Section 328 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of fardbayan (Ext. 5) of PW 6, the informant Shyam Lal Tudu, the brother of Suraj Lal Tudu, the deceased of this case recorded by SI, Ramadhar Singh, O/C Narayanpur PS on 5.7.1982 at 8.30 hours in the courtyard of the deceased in village Dhobatand regarding the occurrence which is said to have taken on 4.7.1982 at 20.00 hours in the house of the deceased in village - Dhobatand, P.S.Narayanpur, District - Dumka now Jamtara and on the basis of the said fardbayan the case was instituted by drawing formal FIR on that very day at 20.00 hours which was received in the Court empowered to take cognizance on 7.7.1982.

(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case on mere suspicion and that he has never supplied any medicine or any drug to the deceased or any other person.