BHADRA PURTY Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) The sole appellant Bhadro Purty stands convicted under Section 304 Part -I of the Indian Penal Code , and sentenced to serve rigorous imprisonment for seven years by the 1st Additional Sessions Judge, Jamshedpur in Sessions Trial No. 256/109 of 1995 -1998.

(2.) THE briefs facts leading to his conviction are that in the afternoon of 27th March, 1995, a nine months' baby belonging to the informant Chunnu Ram Besra and his wife Khurdi were sleeping inside the Angan of their house situated at Village -Swargachhera, Police Station -Potka. It is further stated that Khurdi has just entered in the room to bring her meals when the appellant came inside the Angan and gave a blow on the head of the baby with stone. Thereafter Khurdi raised alarms, on which several members assembled and chased the appellant who was caught at some distance. Immediately, the appellant disclosed his name to the neighbours and he was dragged back to the house of the informant.

(3.) THE police reached at the place of occurrence in the night of same day and recorded the statement of the informant arrested the appellant and brought him to police station. The police investigated the case and finally submitted charge -sheet against the appellant under Section 302 of the Indian Penal Code. The case was committed to the Court of Sessions for Trial and the appellant was charged under Section 302 of the Indian Penal Code. The appellant claims to be innocent. After recording evidence in the trial, the learned lower court found him guilty for the offence causing death of the baby under Section 304 Part -I of the Indian Penal Code and sentenced him to serve rigorous imprisonment for seven years. The appellant has already remained in custody throughout the trial and he was admitted to provisional bail by this Court on 24.10.2000.