RAMGULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The present Criminal Appeal arises from judgment dated 2-2-2000 of the Additional Sessions Judge, Khairagarh, Rajnandgaon, in Sessions Trial No. 123/1999. The appellant who is the husband of the deceased stands convicted under Section 302, IPC to rigorous imprisonment for life with fine of Rs. 300/-, and in the event of failure to pay fine he was required to undergo three months further rigorous imprisonment.

(2.) The prosecution case is based on FIR (Exh. P-1), lodged by Khajar Bai (P.W. 1) on 3-4-2000 at about 5.30 p.m. She stated that the appellant came and assaulted the deceased from behind with a lathi and when the witness intervened to stop him he told her to stay away lest he would assault her also. The deceased fell down on the ground due to the assault but the appellant continued with the assault.

(3.) The post-mortem of the deceased (Exh. P-7) was conducted by Dr. M.G. Tiwari (P.W. 6), who deposed that the deceased had suffered fracture on the right side of rib at the level of mid clavicular line of the 3rd, 4th rib and the 3rd rib of the left side at the same level. Death was caused due to severe lung injury. In his deposition, Dr. M.G. Tiwari (P.W. 6), stated that the rib on fracture had pierced the lungs.