DHRIT SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dtd. 18/11/2003 and order of sentence, dtd. 19/11/2003, passed by earned Additional Sessions Judge, Fast Track Court No. I, Gumla, in Sessions Trial No. 190 of 2003, whereby the sole appellant has been found guilty for the offence committed and punishable under Sec. 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years with fine of Rs.2000.00, of which Rs.1500.00 shall be payable to Mahendra Sao and Chhedni Devi (grand parents of the deceased Babulal) and in default of payment of fine, further to undergo simple imprisonment for six months.

(2.) The prosecution case is based upon the fardbeyan of the informant Ghunsi Sao (P.W. 6), before the Sub-Inspector of Police Dibakar Choudhary of Bariatu Police Station in the district of Ranchi on 4/3/2003 at 10.00 Hrs. at Rajendra Institute of Medical Sciences (RIMS), Ranchi, in the ward of Dr. C.B. Singh, Room No. 1276, where the informant has alleged that his son Babulal Sao, aged about 10 years was working in the hotel of Dhrit Sahu at Gumla because of poverty on monthly salary of Rs.600.00 but the salary was not given to his son by giving allurement by Dhrit Sahu, that he is depositing the amount in the bank and if he will pay the amount, his father will spend the same. It is alleged that on 19/2/2003, when father of the informant went to the hotel and demanded the salary then, Dhrit Sahu said that since food is provided to the boy, so no salary will be paid to him and thereafter some altercation took place. It is alleged that on 19/2/2003 at around 8.00 P.M., the son of the informant was assaulted, on allegation of taking Rs.30.00, by Dhrit @ Dhiraj Sahu and his wife, by means of iron pipe used for blowing hearth, on head and thereafter his son was brought by Krishna Sahu, who has disclosed that Dhrit @ Dhiraj Sahu has assaulted him and thrown him. From where the injured was taken to hospital for treatment before Dr. Bengali and after first aid (bandage), the injured was brought to his house. The victim was unconscious at that time because of that he was brought to RIMS, Ranchi on 4/3/2003 at 20.00 Hrs. in a Maruti car for better treatment as he was referred from Basia Hospital. The informant has also alleged that he has informed the police officer but instead of instituting a case, the Officer-in-Charge said that first give him medical aid to protect his life. The informant has alleged that his son has died on 4/3/2003 at 00.20 Hrs. in the night during treatment.

(3.) On the basis of the fardbeyan of the informant Ghunsi Sao (father of the victim) P.W. 6, police has registered Basia P.S. Case No. 10 of 2003 dtd. 8/3/2003, under Sec. 302 of the Indian Penal Code against three accused persons namely Dhrit Sahu @ Dhiraj Sahu, Krishna Sahu and Sumitra Devi.