- (1.) UNDER consideration in the instant criminal appeal is the sustainability of the judgment passed by learned Special Judge, S.C./S.T. Act, Bahraich, in S.T. No.383 of 2005 (State Vs. Jagannath Giri) whereby the appellant was convicted vide judgment dated 21.05.2010 and was sentenced vide order dated 22.05.2010. The appellant was convicted for the offence under Section 304 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs.25,000/ - with default stipulation of one year Simple imprisonment.
(2.) BRIEF facts, necessary for the disposal of the instant appeal, are that in the intervening night of 25/26 -04 -2005 when the family of the complainant were on the roof of their house after taking meals, then at about 4.00 a.m. they got up hearing the cries. When these persons and several other persons reached at the place of occurrence, they found that the son of the complainant namely Rajesh was being beaten with a danda by the present appellant -Jagannath Giri. The persons who reached there, apprehended the appellant on the spot alongwith weapon of offence i.e. danda. Due to the injuries caused by the appellant Rajesh became unconscious on the spot. The complainant side was going to Primary Health Center (PHC) alongwith injured and also with the present appellant with his danda but by the time they could reach Primary Health Center (PHC) at about 8.00 a.m. Rajesh succumbed to the injuries. Thereafter leaving the dead body at the Primary Health Center (PHC) the complainant side went to the police station alongwith present appellant and his danda, with which injuries were caused. On the report of the complainant, the case was registered and after investigation the charge -sheet was filed against the appellant under Section 304 IPC and Section 3 (2) (V) S.C./S.T. Act.
(3.) CASE of the appellant was of his false implication. In order to prove it case, the prosecution has examined PW -1, Medai Lal, the complainant and father of the deceased Rajesh, PW -2 Molahey he is the relative of PW -1 and on the fateful night he was staying in the house of complainant, PW -3 Balbir Singh was also a witness of fact but he has not supported the prosecution story and has been declared hostile, PW -4 Dubar was a witness of seizure memo of Danda but he has not supported this part of the prosecution story and has been declared hostile, PW -5 Smt. Kiran Devi, who is the wife of the complainant, she has fully supported the prosecution case. PW -6 is Pramod Kumar, S.I. who has investigated the case and PW -7 is the Ram Vilas Verma who was a witness of the inquest report.;