SATYA NARAYAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 304(II) of the Indian Penal Code and sentenced to rigorous imprisonment for ten years by the Presiding Officer, Additional Court No. 1, Fast Track, in Sessions Trial No. 243 of 1991/80 of 2001 by a Judgment and order of conviction dated 28.11.2001. The case of the Informant is that on 28.11.1989, the Appellant Satya Narayan Singh came to the house of the informant Ramuna Devi, wife of deceased Sahdeo Singh and told the deceased that he had got his father influenced by evil spirits and to remove the same and when the deceased retorted, the Appellant caught and threw him on the ground and sat on his chest and jumped over his head and also assaulted him with fists and slap on account of which he died during treatment.

(2.) INITIALLY the case was instituted under Section 307 Indian Penal Code but upon the death of Sahdeo Singh, the case was converted one under Section 302 Indian Penal Code and put on Trial.

(3.) ON going through the evidence of the Informant PW -2 and the daughter of the Informant PW -1, I find that there is absolutely no difference in the statement given initially. PW -1 also fully corroborates the statement of PW -2. PW -4 is the Doctor who found a bruise on the left temporal region 2" x 2" and another lacerated wound over the left eye 2" x 2" x by skin deep which had caused haemorrhage and head injury on his person on account of which he had died. Thus, on a fair analysis of the occurrence I am inclined to hold that the Prosecution has proved his case beyond all reasonable doubt.