IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1190 of 2009 Dilip Verma, son of Late Janki Sao, resident of village-Khaman Bigha, P.S.-Noorsarai, District- Nalanda, presently residing at Hanuman Chowk, Khojaimli, P.S.-Phulwarisharif, District- Patna. Versus 1. The State Of Bihar. 2. Ramesh Verma @ Arun Verma, son of Late Janki Sao, resident of village-Kheman Bigha, P.S.-Noorsarai, District- Nalanda at present residing at Adarsh Nagar Colony, behind the Block, P.S.-Phulwarisharif, District- Patna. ----------- 2. 25.08.2011 The informant-petitioner has preferred this revision application against the judgment and order dated 30.06.2009 passed by the learned Additional Sessions Judge, F.T.C.V, Patna in S.Tr.No.237/03 by which opposite party no.2 has been acquitted from the charge under Section 302/34 of the I.P.C. and has convicted for the offence under Section 304 (Part ii) of the I.P.C. and sentenced him to undergo rigorous imprisonment for three years. The prosecution case, in brief, is that Chandan Kumar (deceased), son of the petitioner gave his Fardbeyan on 11.10.2001 in the Hoda Bone Hospital, Phulwarisharif to the effect that on 10.10.2001 at about 10.00 P.M., he having shut down his hotel situated at Khoja Imali, proceeded towards his house situated at 2 Yogia Toli alongwith his younger sister Khusbu Kumari. In the way, when he reached Rahul Sweets Hotel, Ramesh Verma @ Arun Verma, opposite party no.2, the owner of the hotel called him and he went there and when he entered in the hotel, the accused shut down his shutter alongwith his two sons namely, Guddu Verma and Bittu Verma and started assaulting him. He sustained injuries and they also took Rs.600/- from his pocket. The accused and his sons were residing in Aadarsh Colony as a tenant. On the basis of aforesaid Farbeyan, Phulwarisharif P.S. Case No.401/01 was instituted under Sections 341, 423, 504 and 379/34 of the I.P.C. On 14.10.2001, the police officer of Phulwarisharif police station recorded Fardbeyan of Dilip Verma, the father of the deceased Chandan Kumar, the informant-petitioner to the effect that he was a tenant of one Pyarelal Paswan in the house situated at Khoja Imali and on 10.10.2001 at about 9.30 P.M., he asked his son Chandan Kumar and daughter Khusbu Kumari before closing his hotel to go to his Dera situated at Yogiatoli. Later on, at about 10.00 P.M., the informant proceeded towards his Dera when he reached the main gate of Phulwarisharif; he found that his 3 daughter Khusbu Kumari was weeping loudly that her brother was being assaulted. On query, he could know that her uncles Ramesh, Guddu and Bittu assaulted Chandan Kumar and confined him in the Rahul Sweets Hotel closing its door. The informant went there and saw that his son was pushed out from the Hotel and Chandan Kumar was un-conscious and his son was taken to the Hoda Clinic. During treatment, he succumbed to his injuries. On the aforesaid Fardbeyan, Phulwarisharif P.S. Case No.409/01 was registered for the offence punishable under Sections 302/34 of the I.P.C. After investigation, charge-sheet was submitted by the police under Sections 302 and 323/34 of the I.P.C. Cognizance was taken. The case was committed to the Court of Sessions. The case of the accused Manoj @ Guddu and Bittu Kumar was split up and was sent to the Juvenile Justice Board for inquiry in accordance with law. Charge was framed against the sole accused, opposite party no.2. Phulwarisharif P.S. Case No.402 and 409 of 2001 were amalgamated as the occurrence and the accused were the same. The accused Ramesh Verma was charged under Section 302/34 of the I.P.C. and after trial, he has been held guilty punishable 4 under Section 304 (Part ii) read with Section 34 of the I.P.C. and acquitted of the charge under Section 302/34 of the I.P.C. and he has been sentenced to undergo rigorous imprisonment for three years under Section 304 (Part ii) of the I.P.C. Heard the learned counsel for the petitioner and learned A.P.P. for the State. The learned counsel for the petitioner has submitted that the prosecution has examined altogether seven witnesses and the defence has also examined five witnesses. The prosecution witnesses have supported the prosecution case and even thereafter, the learned trial court has not found the accused guilty under Section 302/34 of the I.P.C. The learned counsel for the State has submitted that the learned trial court has considered the evidence adduced on behalf of the prosecution as well as the evidence adduced on behalf of the accused. It appears from the evidence of the Doctor that the death was caused due to the negligence, insufficient and ill-treatment of the deceased. The accused had no intention to kill the deceased. 5 After hearing the learned counsel for both the parties and on perusal of the impugned judgment and order, it appears that the learned trial court has discussed and considered the evidence adduced on behalf of both the parties and has found the reason for the death of the deceased in paragraph 18 of the impugned judgment. From the evidence of doctor P.W.5 Kamrul Hoda, it is clear that Chandan Kumar died due to the negligence in the treatment and no motive has been attributed by the prosecution to commit the aforesaid crime except the statement of the deceased Chandan Kumar in his Farbdeyan (Exhibit-9). P.W.5 has stated that there was no injury on the forehead of the deceased whereas P.W.4 Dr. Arbind Kumar Singh has found that the deceased died due to injury on his forehead resulting into subdural haemotoma on the whole right occipital, bone alongwith one linier fracture on right orbit. According to P.W.5 Dr. Kamrul Hoda, the deceased might have died due to clotting of blood in his lung resulting into Brancho pneumonia. In this way, it appears that the learned trial court has considered the evidence of other witnesses also minutely and has come to the conclusion that the accused 6 is guilty under Section 304 (Part ii)/34 of the I.P.C. Considering the facts and circumstanced stated above, I do not find any illegality or impropriety in the impugned judgment and order. In the result, this application is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)