AMARNATH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been held guilty for an offence under Section 304, Part-II/34 of the Indian Penal Code and convicted to undergo R.I. for 10 years by the 3rd Additional Sessions Judge, Darbhanga in Sessions Trial No. 95 of 1990.

(2.) The prosecution case has been instituted on a written report of Sitaram Jha, father of the deceased Jitendra Jha at about 9.30 p.m. for an occurrence which took place at 7 a.m. in the morning. According to the narration in the First Information Report, it is said that Jitendra Jha suffered from epilepsy and was treated by several persons. His cousin Amarnath Jha who was a Pandit and alleged exorcist undertook to treat him and for that purpose took him to his house and kept him for three months. It is alleged that about 7 a.m. on 2.5.1990 Amarnath Jha was treating him by putting his feet on the neck of Jitendra Jha where as appellant Sripati Jha was holding his hands. He was reciting a prayer (jaap) while treating him. It is also alleged that Jitendra Jha was only allowed to have one meal a day as a result of which he became weak, although the food was provided by the mother of the deceased. Finally when Amarnath Jha removed his feet from the neck of the informant, he died. Thereafter he fold the informant that he would revive him within 24 hours. The informant came to learn about the occurrence through Mahavir Yadav, a co-villager who was sent to Motihari to call the informant after which he has lodged the First Information Report.

(3.) The defence version as suggested and narrated by the independent witnesses i.e. PWs 2 and 3 is that Jitendra Jha was suffering from epilepsy since the age of 14. Whenever he got an attack the villagers would use home remedies, such as making him smell shoes to revive him. It is said that on the date of occurrence Jitendra Jha got an attack. The villagers tried to handle him and caught hold of his hand, feet and head to make him steady and revive him but could not succeed, finally they took him to the house of Amarnath Jha. It is specifically stated that when he was brought to the house of Amarnath Jha, he refused to interfere and told him that Jitendra Jha had already died and as such the defence case is that he was brought dead to the house of Amarnath Jha and no such occurrence took place in the house of Amarnath Jha.