BALDEO PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though sole appellant was put on trial for consideration of charge brought against him under Section 304 of the Indian Penal Code, he suffered conviction under Section 304 part II of the Indian Penal Code and was sentenced to suffered rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/-, in default of which he was to undergo rigorous imprisonment for a further period of six months and out of the fine paid by the appellant, 75% was to be paid to the family of the deceased.

(2.) The factual matrix are that in the early hour at 7.00 a.m. on 14th June, 1988, while the deceased Janardan Pandit alias Goria aged about 15 years (since deceased) had been in the field with the cattle, in the company of Tulsi Pandit (PW 3), Fattuli Pandit (PW 5), Chhabu Pandit (PW 4) and others, the cattle of the deceased strayed in the field of Baldeo Pandit, who is the appellant, and when the deceased had driven out his cattle from the field of the appellant, he was chased by him and in the process of being chased, he dropped to the ground, pursuant to which the appellant dealt blows by fists and slaps. After his grand father Sarju Yadav (PW 6) was informed about the deceased lying unconscious on account of assault made by the appellant, he proceeded for the field and met Sheo Narayan Pandit in the midway who was carrying Janardan Pandit on his shoulder. The heart and pulse of the deceased was beating and after he was moved to hospital, he was declared dead, and with these narrations fardbeyan of Sarju Pandit was recorded at Barahat Police Station at 12.30 hours on 14th June, 1988 by Sri. T.N. Ojha, officer-in-charge of the police station. The investigation commenced and in the process of collection of evidence during investigation, the police officer recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, visited place of occurrence, prepared inquest report over the dead body of the deceased, sent the dead body to mortuary for post mortem examination and on conclusion of investigation laid chargesheet before the court and the appellant on being committed to the Court of Sessions, was put on trial. In the eventual trial, the prosecution examined altogether 11 witnesses which include grand father of the deceased, also those who companied the deceased to the field with the cattle on the date of incident, the doctor who held autopsy over the dead body of the deceased and also other witnesses who though did not claim to be ocular witnesses. Chabbu PW 4 was tendered by the prosecution and there was nothing in his evidence to merit consideration. Sudin Pandit PW 7 was quite formal while Khublal Pandit PW 8 was the signatory of the inquest report. Again Parmeshwar Pandit PW 9 too was tendered by the State while Anirudh Pandit PW 11 too was formal in nature. The defence too examined two witnesses ostensibly to suggest some land dispute between the parties and the trial Courts on appreciation of evidences placed on the record finding appellant not guilty under Section 304 of the Indian Penal Code, rendered verdict of guilt under Section 304 Part II of the Indian Penal Code and sentenced him in the manner stated above which is impugned in this appeal.

(3.) Now adverting to the evidences placed on the record one would find Sarju Pandit PW 6 reiterating his early version which he rendered before the police to set it on motion about he having been informed with regard to Janardan Pandit having been assaulted by the appellant, after the former took out his cattle from the field which had a strayed in the field of the appellant, pursuant to which the deceased dropped to the ground lying unconscious. The narrations made by this witness were that while he proceeded for the field he happened to meet Sheo Narayan Pandit in the mid way who was carrying Janardan on his shoulder and thereafter he was brought to the house and eventually he was carried to the hospital where he was declared dead. The witness would allege to have rendered statement before the police which is the sheet anchor of the prosecution case. Ashok Pandit PW 1 stated to have gone to the filed with the cattle in the company of the deceased and when cattle of the deceased strayed in the field of the appellant, he was chased by him and after he dropped to the ground, the appellant dealt blows with fists and slaps. The deceased was thereafter carried by Batan Sao and was eventually taken to hospital where he was declared dead. Tulsi PW 3 and Fattuli Pandit PW 5 too rendered narrations in the court more or less in similar terms about they having gone to the field with the cattle, when the deceased was chased by the appellant on account of the cattle of the former having a strayed in the field of the latter. The witness stated that in the process of chase when Janardan dropped to the ground, the appellant dealt blows with fists and slaps when he became unconscious. After his grand father was informed, he proceeded for the field, when he met Butan Sao who was carrying the injured on his shoulder. Ganesh Pandit PW 2 stated to have noticed quarrel in the field. He claimed to have noticed the deceased having dropped to the ground and when enquiry was made by him, he was informed by Ashok Pandit that the appellant had dealt blows on him and it was Butan who carried the injured on his shoulder.