Anil Kumar Choudhary, J. - (1.) Heard the parties.
(2.) This appeal is directed against the Judgment of conviction dated 21.01.2006 and Order of Sentence dated 23.01.2006 passed by learned 2nd Additional Sessions Judge, Jamtara in Sessions Trial No.196 of 1984/40 of 2002 arising out of Jamtara P.S. Case No.06 of 1979 corresponding to G.R. No.125 of 1979 whereby and where under the learned court below held the appellants guilty of having committed offence punishable under Section 304 (part-II) read with Section 34 of the Indian Penal Code and sentenced the appellant-accused persons to undergo rigorous imprisonment for seven (7) years and to pay fine of Rs.1,000/- (one thousand) each and in default of payment of fine they were further sentenced to undergo rigorous imprisonment for three months.
(3.) The case of the prosecution in brief is that Permanand Prasad, the then Officer In-charge of Jamtara Police Station, received the report dated 17.04.1979 from S.I. Ambika Prasad Singh of Mihijam Police Station that Hawaldar Harendra Singh of Mihijam Police Station and the accused Shiv Narain Singh while posted as police No.844, arrested the suspected accused Tarapado Bouri in connection with Jamtara P.S. Case No.3(2) of 1979 registered under Section 394 of the Indian Penal Code and brought Tarapado Bouri to Mihijam Police Station on 16.04.1979 at about 19:45 hours. Tarapado Bouri was kept in the lock-up of Mihijam Police Station and he committed suicide inside the lock-up. In this connection, Jamtara P.S. U/D Case No.09 of 1979 was registered and Sri S. N. Ojha, who was deputed as Executive Magistrate, prepared the inquest report on 17.04.1979 at 9:15 a.m. in presence of witnesses. The postmortem examination of the dead body of Tarapado Bouri was conducted on 18.04.1979 by Sri S. S. Sen, the then Deputy Superintendent of Jamtara Hospital. On 19.04.1979, the Executive Magistrate- Sri S. N. Ojha sent the postmortem report, inquest report and the statement of Narayan Mallik, Sri Ram Bouri, Nando Bouri, Gulabi- the wife of the deceased and Dhanu Bouri to the informant- Permanand Prasad, the then officer in-charge of Jamtara Police Station and on perusal of the statement of the said witnesses as it appeared that the appellant-accused persons Shiv Narain Singh and Hawaldar Harendra Singh assaulted the deceased Tarapado Bouri during his arrest. Under the order of S.P. Dumka, the informantPermanand Prasad instituted the present case involving the offence punishable under Section 304 of the Indian Penal Code inter alia against both the appellant-accused persons of this case namely Yogendra Hazra and Shiv Narain Singh alleging that both the appellant-accused persons along with Hawaldar Harendra Singh have assaulted Tarapado Bouri who was in custody. On the basis of the statement of the informantPermanand Prasad, Jamtara P.S. Case No.06 of 1979 under Section 304 of the Indian Penal Code was registered and police took up the investigation of the case. After completion of the investigation police paper was submitted and the case was committed to the Court of Session. Charge for the offence punishable under Section 304 of the Indian Penal Code was framed against the appellant-accused persons as well as Hawaldar Harendra Singh but proceeding against Harendra Singh was dropped vide order dated 23.04.2004 consequent upon his death. Upon the appellant-accused persons pleading not guilty and claiming to be tried, they were put to trial.;