MAHLURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 24 -1 -2004 passed by Sessions Judge, Jashpur in Sessions Trial No. 49/2003. By the impugned judgment, accused/appellant Mahluram has been convicted under section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3 1/2 years and to pay fine of Rs. 500/ -, in default of payment of fine, to further undergo rigorous imprisonment for 15 days. Case of the prosecution, in brief, is as under:

(2.) SHRI A. K. Prasad, learned counsel for the appellant argued that learned Sessions Judge convicted co -accused Dilobai under section 323 IPC. The case of the appellant is also similar to that of the co -accused. According to the prosecution, the appellant assaulted on the back of the deceased with a Lathi, but no injury was found there. The bruise was present on the hypochondrial region. Co -accused Dilobai assaulted on the abdomen of the deceased with an umbrella. She was convicted under section 323 IPC, therefore, the appellant is also liable for conviction under section 323 IPC. Learned counsel placed reliance on Mithia vs. State of M.P.,, 2000 (1) MPWN Note 42 and Pirthi vs. State of Haryana, : 1993 (3) Crimes 605.

(3.) I have heard learned counsel for the parties and have also perused record of the sessions case with utmost circumspection.