HARU BAURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 27th May 2009, passed by the learned 6th Additional Sessions Judge, Dhanbad, in S.T. No. 351 of 2004, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302, 328, 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code, R.I. for 10 years for the offence under Section 328 of the Indian Penal Code and R.I. for 2 years for the offence u/s 201 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of written report submitted by the Police Officer Paras Nath Singh (P.W.-6), which shows that an U.D. Case was instituted on the basis of the fardbeyan of one Saraswati Baurin, the wife of the deceased Budhu Bauri, recorded on 21.05.1995, alleging therein that her husband Budhu Bauri was given a small bottle of english liquor by the accused Haru Bauri and Kalpana Bauri, from which her husband took some liquor and soon after that, froth started coming out from his mouth. He was taken to hospital, where he died. It is alleged that the remaining liquor of the bottle was thrown by the accused. On the basis of fardbeyan of the widow of the deceased, an U.D. Case No. 7 of 1995 was instituted and the dead body of the deceased was sent for post-mortem examination. The viscera of the deceased was sent for forensic science examination, and in the report of the Forensic Science Laboratory, poison was detected and accordingly, on the basis of the written report of the Police Officer, Paras Nath Singh, the U.D. case was converted into Nirsa P.S. Case No. 106 of 2000 corresponding to G.R. No. 1922 of 2000, for the offences u/ss 302, 201, 328 / 34 of the Indian Penal Code, and investigation was taken up. After investigation the police submitted the charge-sheet against the accused facing the trial.