ANAND RAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22-7-1998 passed by the Second Additional Sessions Judge, Raipur, M.P. (now C.G.) in Sessions Trial No. 90/94 convicting the accused/appellant under Section 304 part II of the Indian Penal Code, 1860 (in short 'the IPC) and sentencing him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 500/-, in default thereof, to undergo additional rigorous imprisonment for 6 months. The learned trial Court acquitted the other co-accused namely Ghanshyam @ Pappu, Babulal and Ghanaram for the charges under Section 302 of the IPC. In the present case name of the deceased is Mangatu @ Brijram. It is alleged that cooked meat of heron was taken by Mohan without asking for the same from Mangatu @ Brijram. For this, there were quarrel between the deceased and Mohan. Meanwhile, the accused/appellant and the other acquitted co-accused Ghanshyam @, Pappu, Babulal and Ghanaram reached to the spot and they assaulted the deceased by a club. He sustained injuries over his head and other parts of the body. The incident was witnessed by Baisakhu @ Babalu (PW-5). He narrated this to his uncle--complainant Amaru (PW-1, brother of the deceased). When complainant Amaru (PW-1) reached to the spot, he saw his brother Mangatu @ Brijram died in the open verandah. He along with Village Kotwar and other villagers reached to Police Station Gariyaband and lodged the merg intimation (Ex.-P/28) on 29-8-1993 at about 24.00 hrs. at Police Station Gariyaband, Village Darripara. Thereafter, he also lodged the First Information Report (FIR) vide Ex.-P/1. Police of Police Station Gariyaband registered the crime No. as 76/93 against the appellant and the acquitted co-accused persons under Section 302/34 of the IPC. After giving merg notice (Ex.-P/6), the Investigating Officer prepared the inquest vide Ex.-P/7. The postmortem on the body of the deceased was conducted on 30-8-1993 vide Ex.-P/25 by Dr. Snehalata Singh (PW-14) who noticed (i) one lacerated wound of 2 inch x 1/2 c.m. x half of the scalp deep at antero lateral aspect of right parietal region of head; contusion surrounded the injury No. (i) measuring 3 x 2 1/2 inches, clotted blood seen, bluish red contusion, (ii) one more lacerated wound of 3/4 cms. x 1/2 c.m. x half of the scalp deep situated over right postero lateral aspect of head at occipital region, (iii) contusion surrounding the injury No. (ii) clotted blood present; and opined that cause of death was coma may be due to result of intoxication of alcohol. He also noticed presence of alcohol in the abdomen. As per the prosecution, during the incident, the accused/appellant also sustained injuries. He was too examined by Dr. Snehlata Singh (PW-14) who noticed lacerated wound 2 x 1 inches with irregular margin at forehead caused by hard and blunt object, two contusions 5 x 2 inches over both arms caused by hard and blunt object and noticed pain over backside of both palms. She gave her report vide Ex.-P/20. As per investigating Officer, the accused/appellant suffered injuries as he was assaulted with a club by deceased Mangatu @ Brijram. After the completion of the investigation, charge sheet was filed against the appellant and acquitted co-accused under Section 302/34 of the IPC and accordingly charges were framed against the appellant and acquitted co-accused under Section 302 of the IPC.

(2.) So as to hold guilty all the accused persons, the prosecution examined as many as 20 witnesses. Statements of the accused persons were recorded under Section 313 of the Code-of Criminal Procedure, 1973 (for short 'the Code') in which they denied the circumstances appearing against them and pleaded innocence and false implication in crime in question.

(3.) The trial Court after hearing counsel for the respective parties and considering the material available on record by the judgment impugned convicted and sentenced the accused/appellant as mentioned in para 1 of this judgment and acquitted the other accused as aforementioned.