Abhai Kumar, J. - (1.) Heard Sri Harish Chandra Tiwari, learned Amicus Curiae for the appellant as well as learned AGA for the State and perused the record.
(2.) This jail appeal has been preferred against the judgment and order dated 15.4.2011 passed by Additional Sessions Judge, Court No. 5, Shahjahanpur in Session Trial No. 591 of 2009 (State Vs. Manjil Gogoi) convicting and sentencing the appellant to undergo 10 years rigorous imprisonment under Section 304 IPC alongwith fine of Rs. 8000/- and in default of payment of fine to further undergo six months additional imprisonment.
(3.) Brief facts of the case are as follows: An FIR dated 24.5.2009 was got lodged by the complainant Lalla Singh at Police Station - Tilhar, District - Shahjahanpur at 9.30 a.m. regarding the incident of 4.30 a.m. on same day that complainant is having Dhaba in the name of Pradhan Dhaba near Nagaria Mod at Shahjahanpur-Bareilly Road. On 24.5.2009 in the morning at about 4.15, one truck bearing no. HR-46 E-3379, came to his Dhaba and parked towards southern side of the road. Driver and Cleaner after locking the cabin went to the roof of the truck for taking a nap. After 15 minutes, he heard the shout of a person and then a person fell down from the tool box of the truck, when complainant alongwith other persons reached near the truck they found a person running away from the cabin of the truck and when being apprehended he disclosed his name as Manjil Gogoi/appellant, then they reached near the injured who in very diminishing sound with the indication apprised that helper has got injured him and he jumped from the cabin for saving his life but due to jump from the cabin he further received injury upon his head. Complainant was making preparation for taking the injured to the hospital but injured died. Name of driver is being disclosed as Setban by the helper who was apprehended by them.;