MUNSHI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 01.04.1997 passed by Second Additional Sessions Judge, Ambikapur (Sarguja) in Sessions Trial No. 115 of 1994 convicting the accused/ appellant for the offences under Sections 307 and 450 of IPC and sentencing him to undergo rigorous imprisonment for four years with fine of Rs.800 u/s 307 of IPC and rigorous imprisonment for three years with fine of Rs.200 u/s 450 of IPC, plus default stipulations. Both the sentences were directed to run concurrently.

(2.) BRIEF facts of the case are that on 01.06.1993, FIR Ex.P-10 was lodged by victim Mohan Ram (since deceased) alleging in it that on that day at about 4 p.m. accused/appellant- his nephew who was having inimical relation with him assaulted him with club causing injury on his head when he was sitting in his court yard as he wanted to grab his property. He has further alleged that upon hearing his cries when his wife Muneshwari (PW-1), Jarha, Jageshwar, the matter, accused/appellant fled away from the spot. Based on this FIR! offence under sections 448 and 323 of IPC was registered against the appellant. Victim was medically examined on 01.06.1993 by Dr. I. D. Bhatnagar(PW-lO) vide Ex.P-11A who found lacerated wound on his head and right fronto parietal area. After completion of investigation, charge sheet was filed on 14.10.1993 against appellant for the offences under sections 307 and 450 of IPC.

(3.) DURING pendency of trial, victim Mohan Ram expired and therefore his statement could not be recorded.