IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.710 of 2006

Against the judgment and order of conviction, dated 25.05.2006, passed in

Sessions Trial No. 146 of 2001/36 of 2001 by Sri Mahatam Prasad, Additional

District Judge, I, Aurangabad

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Pramod Bhuiyan, son of Chana Bhuiya, resident of village Toura, P.S. Kutumba,

district Aurangabad

.... Appellant

Versus

The State of Bihar

.... Respondent

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Appearance :

For the Appellant : Mr. Bachanjee Ojha, Adv.

For the Respondent : Mr. Abhimanyu Sharma, APP

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CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA

and

HONOURABLE MR. JUSTICE GOPAL PRASAD

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE DHARNIDHAR JHA)

Date: 05-02-2015

The solitary appellant was tried by the Additional Sessions

Judge, I, Aurangabad, in Sessions Trial No. 146 of 2001/36 of 2001

after being indicted of committing offences under Sections 302, 427,

504 and 448 of the Penal Code and by judgment, dated 25.05.2006,

was held guilty of committing the offences. The appellant was heard

under Section 235 of the Criminal Procedure Code and was directed to

undergo rigorous imprisonment for life under Section 302 of the Penal

Code, rigorous imprisonment for one year each under Sections 427 and

504 of the Penal Code and rigorous imprisonment for six months under

Section 448 of the Penal Code. The learned Judge directed the

sentences to run concurrently.

2. The appellant has come up before this Court challenging

the judgment of conviction and order of sentence passed upon him by

the learned trial Judge.

3. The appellant had a well water of which was used for

irrigation purposes. Akhilesh Ram, the husband of the informant had

put certain structures and articles for drawing water from the well for

irrigating his field. It is stated that the appellant came in the evening to

Patna High Court CR. APP (DB) No.710 of 2006 dt.05-02-2015

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the house of P.W. 1 Sangeeta Devi the informant, when her husband

Akhilesh Ram was at the house seeking him to dismantle the structure

which he had put on the well else he would reap the consequences. It

is stated that the husband of the informant requested the appellant

himself to dismantle the irrigation facility put up by him, but the

appellant did not hear him and instead in a fit of rage damaged the tiles

of the roof of the house by smashing them with an axe. The appellant,

further, damaged the doors of the house of the informant and went

away to return after some time again. The informant stated that when

the appellant had come back, she was in her kitchen to cook meal and

her little daughter Shobha, aged about three months, was in her lap.

The appellant came abusing the husband of the informant, upon which

she asked him not to do so hearing which this the appellant is said to

have picked up the little girl of three months from the lap of the lady,

P.W. 1, to throw her on the ground as a result of which she died. The

appellant left the place of occurrence.

4. On the basis of the fardbeyan (exhibit 2), the first

information report of the case was drawn up and the investigation was

taken up. The investigating officer has not been examined, but, what

we found from the record available to us is that inquest was held on the

dead body and the same was sent to P.W. 5 Dr. Rakesh Kumar for

holding post mortem examination and after closing the investigation

the appellant was sent up for trial.

5. The defence of the appellant was of non-participation

and of his innocence and as may appear from the suggestion which was

thrown at P.W. 1, the appellant pleaded that the little child had fallen

from a cot on which she was sleeping and died of it.

6. The prosecution examined nine witness