Kailash Prasad Deo, J. - (1.) Heard, learned Amicus Curiae, Mrs. Priya Shrestha and Mr. Vinay Kumar Tiwary, learned Additional Public Prosecutor appearing for the State.
(2.) The instant criminal appeal is directed against the judgment of conviction, dated 19.02.2004 and order of sentence, dated 21.02.2004, passed by learned 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 236 of 2003, whereby the sole appellant has been convicted for the offence committed and punishable under Section 304 of the Indian Penal Code and awarded rigorous imprisonment for five years.
(3.) The prosecution case is based upon fardbeyan of Gorachand Singh (P.W.-1), recorded by S.K. Ojha, A.S.I., Patamda Police Station, on 30.05.2003 at 08:15 hours at M.G.M. Hospital, alleging therein, that on last Thursday (22.05.2003), a quarrel took place between co-villager Adhik Singh, s/o Late Bhusan Singh and elder brother of the informant, Dulal Singh on the issue of tying cattle on the veramda. It is alleged that Adhik Singh pushed Dulal Singh, due to which Dulal Singh fell down on the ground and thereafter he was assaulted by sawal on thumb of his right hand, causing injury. It is stated that treatment was given in the village but on 30.05.2003, condition of Dulal Singh has deteriorated and admitted in M.G.M. Hospital where treatment is going on. The informant has further alleged that Adhik Singh has caused serious injury upon his brother due to which his condition has deteriorated.;