The court clarified that the offense of culpable homicide under section 304 of the IPC requires the intention to cause death or grievous bodily harm, which was not present in the appellant's act of pushing Mahendra Rabidas.

Narinder Singh Rao, J.

1. Mangan Rabidas, resident of village Maliachak, district Godda, the appellant, stands convicted u/s. 304 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for 10 years. He has also been sentenced to undergo rigorous imprisonment for two years u/s. 354 of the Code, and rigorous imprisonment for one year u/s. 323 of the Code. His sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail.

2. Mahendra Rabidas, the deceased, was the husband of Champa Devi P.W. Parmod Rabidas, P.W.1s their son. Their house in village Maliachak is close to that of the appellant. The house of Rajendra Rabidas (P.W. 3), Auladi Ansari (P.W. 4), Seikh Bashir (P.W. 5) and Md. Ibrahim (P.W. 8) are also nearby.

3. The prosecution version, in brief, is that since about three months before the date of occurrence (31.8.1987), the appellant had started entertaining evil designs towards Champa Devi, P.W. However, she was not responding to his advances towards her. On 31.8.1987 at about 8 A.M., when Champa Devi, was all by herself in the house, the appellant had trespassed into the same. He wanted to commit rape upon Champa Devi, P.W., but her resistence offered had made that attempt foiled. The alarm raised by Champa Devi, P.W. had attracted to the house her son Parmod Rabidas, then -aged about 8 years. The appellant had given this witness a few slaps. The appellant had continued struggling with Champa Devi for satisfying his lust. The latter had continued thwarting all such efforts. Her alarm had also brought to the place of occurrence neigbourers like Rajendra Rabidas, Auladi Ansari, Seikh Bashir and Md. Ibrahim, P.Ws. In the meanwhile, Parmod Rabidas had brought to the scene his father Mahendra Rabidas from the place of his work. On seeing him, the appellant had fled away inside his house. Champa Devi, P.W., and for that matter other witnesses collected had told Mahendra Rabidas about the crime committed by the appellant in his absence. Thereafter Mahendra Rabidas had gone to the appellant and lodged a protest about his misbehaviour towards Champa Devi in his absence. Instead of seeing reason, the appellant had started causing injuries to Mahendra Rabidas by giving thrust blows with his lathi. That had resulted in Mahendra Rabidas losing consciousness.

4. The prosecution version further proceeds that Champa Devi, P.W. and other had brought Mahendra Rabidas to Mahgama Police Station, situate at a distance of 14 K.M. where she had lodged her F.I.R. (Ext. 2) on 1.9.1987 at 1 P.M. Unfortunately Mahendra Rabidas had died after a couple of days of the occurrence. Investigations were carried, and after completion of the same, the appellant chargesheeted.

5. Although the prosecution had examined 13 witnesses for proving its case, the success of the same hinges on the evidence of P.Ws. 3; 4, 5 and 7,8,9, all eye witnesses. Kauleshwar Das (P.W. 2) and Ram SunderYadav (P.W. 6 and 13) are formal witnesses. They had proved the signatures of the scribe of the F.I.R. and other police papers. Narayan Paswan (P.W. 11) is the Chowkidar and he had learnt about the occurrence, from the concerned P.Ws. immediately after the occurrence. The evidence of Naresh Rabidas (P.W. 12) is also formal. He had attested the inquest report

6. The appellant, in his examinations, had denied the prosecution allegation and stated that he was innocent. He had not examined any witness in his defence.

7. Learned counsel for the parties have been heard, and records carefully gone through.

8. It has remained undisputed that Mahendra Rabidas had received injuries on 31.8.1987 at about 8 A.M. near his house and that of the appellant. There is also no denying that at that very time Champa Devi, P. W. had received some injuries. Dr. Surendra Kumar Singh (P.W. 10) had conducted medical examination of Mahendra Rabidas on 1.9.1987 at 4.30 P.M. and had found pain in h