GANESH BAJPAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Ganesh Bajpai stands convicted for the offence punishable under Section 304-Part II of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years and to pay a fine of Rs. 1000/-, in default thereof to further undergo rigorous imprisonment for two months, by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No. 203 of 1997.

(2.) Brief facts leading to this appeal are that in the afternoon of 7-9-1997, informant Mahgu Poddar was tending she-goats near Purnadih village when the appellant arrived there and abusing him why he was tending the cattle of Chaitanya Manjhi. Further stated, the appellant started assaulting him with lathi in his hand on which the deceased Panchu Rai of village Jitjore objected. Thereafter the appellant started assaulting Panchu Rai and dragged him towards the field. Many of the persons working in the field chased the appellant on which he fled away leaving deceased Panchu Rai in injured condition. When the deceased was being treated, he breathed his last. Therefore, a case under Section 302 of the Indian Penal Code was registered against the appellant vide Jasidih Police Station Case No. 104 of 1997.

(3.) The police investigated the case, sent the dead body for post-mortem examination and finally submitted charge-sheet against the appellant. The case of the appellant was committed to the Court of Sessions for trial where the charge was framed against him on 17-4-1998. The appellant pleaded not guilty and claimed false prosecution. However, the learned trial Court after examining the witnesses found and held him guilty under Section 304 Part-II of the Indian Penal Code and sentenced him to serve rigorous imprisonment for five years.