STATE OF MADHYA PRADESH Vs. NARENDRA KUMAR

JUDGEMENT

(1.) This appeal has been filed by the State after obtaining leave from this court against acquittal of respondent Narendra Kumar from offence under S. 302 Indian Penal Code and also under S. 367 ipc. It is also an appeal filed against Khem chand against acquittal under S. 302 and 201 Indian Penal Code recorded by the Sessions Judge and maintained by the High court. There is also an appeal filed against one Ram Charan who has been convicted by the Sessions court under section 202 and the High court maintaining the conviction under S. 202 and only sentenced him to fine of Rs. 500. 00. This appeal against respondent Ram Charan is only in respect of sentence.

(2.) The incident appears to be of 17/12/1978 in village Parasiya, District Chhindwara, a boy of 11 years of age when he was returning after purchasing milk from the milk shop in the morning was taken inside the shop of respondent-Khem chand and thereafter did not reach home. Ultimately on 23rd of December it appears that when khem Chand opened his shop, he saw adead body and he raised an alarm. The police were called and the dead body was found to be the dead body of Deepak with incised wound on the person of the deceased. After investigation charge sheet was filed against Narendra Kumar, Khem Chand and ram Charan. On trial learned Sessions Judge convicted Narendra Kumar, for an offence under section 3021. P. C. and also for an offence under section 2011. P. C. read with S. 5111. P. C. and awarded sentence. But the Sessions Judge acquitted respondent Khem Chand and convicted Ram charan under S. 202 and sentenced him to 45 days imprisonment.

(3.) On appeal the learned Judges of the High court of Madhya Pradesh by their Judgment dated 30/11/1981, acquitted Narendra kumar from offence under S. 302 and also from charge under S. 367 but while maintaining the conviction under S. 201 sentenced him to three years' rigorous imprisonment. The acquittal of respondent-Khero Chandwas maintained. The conviction of respondent ram Charan under S. 202 was maintained but sentence was altered to a fine of Rs. 500. 00 only.