HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 9.1.1998 passed in Sessions Trial No. 188 of 1989, whereby and whereunder the learned 8th Additional Judicial Commissioner, Ranchi held the appellants guilty under Section 304A IPC and convicted and sentenced them to undergo RI for two years and also directed appellant Jugeshwar Dom to pay a fine of Rs. 2000/ - and appellants Sudeshi, Bishlal and Bigawan were directed to pay a fine of Rs. 1000/ - each and in default of payment they were further directed to undergo RI for one year.
(2.) THE prosecution case in brief is that on 22.11.1986 at about 3.30 P.M. appellants Bigawan, Jageshwar, Bishlal and Sudeshi were offering wine to Suresh Dom (deceased) at the residence of Bigawan. Suresh never took wine prior to that day. Thereafter all the four appellants forcibly took him out from the house of Bigawan and brought him on the road. In the meantime a truck was coming and all the four appellants threw Suresh on the road before the speeding truck. The truck crushed Suresh and all the four appellants fled away from the P. O. Suresh died in the way while he was being taken to hospital for treatment. The informant gave the faro beyan at 6.30 PM on that very day. A case bearing Kotwali P.S. Case No. 731/86 was registered under Sections 302/34 IPC and I.O. after investigation submitted charge -sheet against all the appellants under Section 302/34 IPC and cognizance in the case was taken and case was committed to the court of sessions and learned 8th Additional Judicial Commissioner recorded' the evidence both oral and documentary and held the appellants guilty and convicted and sentenced them as aforesaid. Prosecution has examined altogether 7 witnesses. PW 1 is Radha Domin. She is wife of deceased Suresh Dom. She claims to be an eye witness. P.W.2 is Lallapati Ram. He has been declared hostile. PW 3 is Tulsi Domin. She is an eye witness. PW 4 is Gulab Dom. PW 5 is a doctor, who examined the deceased. PW 6 is a part 1.0. of the case. PW 7 is a formal witness.
(3.) PW 1 is Radha Domin. According to this witness, in the evening when she was in her village, her husband was forced to drink by appellants and they brought him to road easily and one of appellants caught Suresh and three other appellants threw him before a speeding truck and Suresh was crushed by the speeding truck. Further according to her, he died in the way to hospital. She claims that she was there when Suresh was crushed by the truck and she was on the other side of the road. The truck driver fled away toward Kanke road after the occurrence. According to this witness, appellants reside nearby the house of this witness. Her husband never used to drink wine but on the date of occurrence he took wine under the pressure of appellants. According to this witness when her husband was taking wine, she was there and where she enquired why he is taking wine then he replied that he is giving wine to the appellants to drink.;