MAHABIR PRASAD SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 2.6.1999 passed by Shri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi in S.T. No. 154 of 1991 whereby and whereunder the sole appellant, Mahabir Prasad Sahu was convicted under Section 304 Part -1 of the Indian Penal Code and was sentenced to undergo rigorous Imprisonment for seven years. No separate sentence was awarded to the appellant for his conviction under Section 323 IPC. Other three co -accused were acquitted by the same Judgment.

(2.) THE prosecution story in short is that the informant, Chedi Prasad Sahu (P.W.1) presented a written report (Ext.1) before the Mandar Police on 1.1.1990 stating inter alia that on 30.12.1989, at about 8 p.m. four accused persons including the appellant, Mahabir Prasad Sahu appeared in the lane, opposite the house of the informant. The appellant was having spade (Kudal in hands) whereas his other brothers namely, Bhagwat Sahu, Sahabir Sahu and Sulendra Sahu were having sticks. They started digging the lane and it is alleged that the father of the informant, Guru Prasad (since deceased) and the brother of the informant, Jai Prakash Sahu prevented them from doing so which resulted into altercation and when the accused persons including the appellant started assaulting the brother of the informant Jai Prakash Sahu with sticks, it was intervened by the father of the informant, Guru Prasad Sahu whereupon it is specifically alleged that the appellant assaulted Guru Prasad Sahu (father of the informant) with the sharp portion of spade (Kudal) on his head as a result of which Guru Prasad Sahu fell down sustaining bleeding injury. On alarm the informant with the neighbouring people appeared at the scene but the other two brothers of the appellant, Sahabir Sahu and Bhagwat Sahu assaulted the informant with fists. The victim Guru Prasad Sahu was immediately removed to Ranchi Medical College Hospital, Ranchi for the management of his injury but in course of treatment he succumbed his injuries on 9.1.1990. Initially Mandar Police Case No. 1 of 1990 was registered on the written report presented by the informant on 1.1.1990 for the offence under Sections 341/323/324/34 of the Indian Penal Code, but on the death of Guru Prasad Sahu and after investigation the police submitted chargesheet under Section 304 of the Indian Penal Code as is evident from the impugned Judgment.

(3.) ON the other hand, the defence produced and adduced three witnesses including D.W.3.Awadh Prasad Gupta who proved the injury report of Sahabir Prasad Sahu (Ext A/1) as well as Tara Devi (Ext.A/2). Ext. B was the signature of Mahabir Prasad Sahu (appellant).