- (1.) This appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Dumka in-Sessions case No. 61 of 1990 registered under Section 304,1.P.C. but the trial Court convicted the appellant under Section 304A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year.
(2.) The prosecution case in brief is that on 31-1-1989 in the evening accused/appellant Shivdanl Singh, who was then posted as Head.Constable at Nala Police Station was on duty at Pitch road. The Informant, Mansu Murmu (PW-5) was bringing rice after husking the same in the bullock cart. The deceased Subodhan Hembram aged about 15 years was driving the bullock cart and when the said cart reached near the house of Mansu Murmu, the appellant asked to stop the cart. The deceased, Subodhan Hembram did not understand the orde.r of the accused and as such he did not stop the cart and thereafter the appellant assaulted him with Lathi on his back. The deceased fell down from the, cart and the wheel of the cart passed through his body resulting injury to Subodhan Hembram and blood started coming out from his nose and mouth and he was also vomiting blood, whereafter the appellant thrashed him asking as to why he did not stop the cart. The deceased was brought in his house where he died. Accordingly, FIR was lodged under Section 304, I.P.C. The police investigated into the case and submitted charge-sheet. The case was committed to the Court of Sessions. The appellant appeared before the Court of Sessions and the charge under Section 304, I.P.C. was framed, to which the appellant denied. The witnesses were examined in the Court below and after hearing both sides, the trial Court convicted and sentenced the appellant, in the manner as stated above.
(3.) Altogether, six witnesses have been examined on behalf of the prosecution to prove its case PW-3 is the doctor, who held post-mortem on the dead body of the deceased and found the following injuries: (i) There was bleeding from both nostrils and mouth. (ii) A big swelling with haematoma over the mid occipital region of scalp, size 2" x 2". (iii) Right side of chest was looking collapsed with fracture of 4th and 5th ribs in Ant-axillary line. (iv) Faecol matters were present near the Anus: (a) On dissection the cut section of the scalp a big subcutaneous haemotoma was found over the mid occipital region with the crack and fracture of the occipital bone. The membrance were congested and brain matters mixed with blood. (b) On out section of the chest there was the fracture of the 4th and 5th ribs on the right side. The right lung was ruptured anteriorly. The size of the rupture was 1 x 1" x The chest cavity was filled with much blood. (c) The heart was empty. (d) On cut section of the abdomen stomach contained semi digested food. Liver, Spleen, kidney were normal. Urinary bladder was empty. Intestine contained a, little gas. In his opinion, the death of the deceased was due to intracranial haemorrhage caused by suffering hard injuries and grievous injury over the right side of the chest. The postmortem report was marked-Ext. 2. ;