MUSTAKIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 20/12/2010 and order of sentenced dtd. 23/12/2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Garhwa, in S.T. No. 75 of 2009 in connection with Garhwa P.S. Case no. 136/2008 corresponding to G.R. Case no. 619/2008, Garhwa, at Jharkhand whereby and where under the sole appellant has been convicted for the offence punishable under Sec. 304 part II of IPC and sentenced to undergo RI for 05 years.

(2.) The prosecution case arose in the wake of written report of informant given to the Officer-In-charge Garhwa on 29/5/2008. the prosecution story is that on 29/5/2008 at about 8-9 am informant received information from the villagers of Dhonti that Irfan aged about 11/2 years, the son of his daughter Jaibun Bibi has been thrown on the ground by Mustakim of village Dhonti on the dispute of taking water from the hand pump. It was further stated that said Irfan was injured and got fainted.

(3.) On this information, the informant proceeded from his home in village Jata to the house of her daughter situated in village Dhonti. Further stated he reached house of his daughter at 11.00 am, there he found his grandson unconscious. Then he inquired from his granddaughter (Natini) Ruksana Khatun, who told that she had gone to take water from hand pump with Irfan. Mustakim was present there who picked up Irfan and threw him on the ground so that he became unconscious. Informant further stated that thereafter he was bringing Irfan for treatment to Garhwa hospital with Ruksana Khatun, when they reached near Karamdih his aforesaid grand son died.