VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the sole appellant named about against the impugned judgment and order dated 13.6.1990 passed in Sessions Case No. 127 of 1985 by Shri Jugal Kishore Prasad, 2nd Additional Sessions Judge, Dumka at Camp Jamtara whereby and whereunder the appellant was found guilty for the offence punishable under Sections 328 and 304 Part II of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years for the offence under Section 304 Part II of the Indian Penal Code but no separate sentence was awarded for the offence under Section 328 of the Indian Penal Code.
(2.) THE prosecution case has arisen on the basis of fardbayan (Ext. 5) of PW 6, the informant Shyam Lal Tudu, the brother of Suraj Lal Tudu, the deceased of this case recorded by SI, Ramadhar Singh, O/C Narayanpur PS on 5.7.1982 at 8.30 hours in the courtyard of the deceased in village Dhobatand regarding the occurrence which is said to have taken on 4.7.1982 at 20.00 hours in the house of the deceased in village - Dhobatand, P.S.Narayanpur, District - Dumka now Jamtara and on the basis of the said fardbayan the case was instituted by drawing formal FIR on that very day at 20.00 hours which was received in the Court empowered to take cognizance on 7.7.1982. The prosecution case, in brief, is that Suraj Lal Tudu, the deceased of this case and PW 1, Kuwar Hembram were suffering from orchitis i.e. scrotal swelling and they purchased medicine on the last Saturday from the appellant for the treatment of the said disease and had each paid Rs. 10/ - to him. It is alleged that the deceased took the said medicine on Sunday i.e. 4.7.1982 and his condition started deteriorating from 12 O 'clock in the day and at his request the appellant was called by PW 4, Shanatan Hembram and PW 5, Durgu Soren for his treatment and he came to the house of the informant at 5.00 p.m. on that day and by that time the condition of the deceased had further deteriorated and blood started oozing from his mouth and nose and the appellant refused to provide any other medicine to him and thereafter at about 8 O 'clock in the night, the deceased has expired. It is alleged that the deceased was telling that the appellant has given him poison in the form of medicine. It is also alleged that PW 1, Kuwar Hembram had also taken the medicine given to him by the appellant and he also fell ill on Saturday but he has now improved and is lying on the cot. It is also alleged that the villagers have also assaulted the appellant in anguish.
(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case on mere suspicion and that he has never supplied any medicine or any drug to the deceased or any other person.;